H-1B aspirants brace for longer waits, denials
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With the deadline to file the H-1B filing for this fiscal passed on June 30, the applicants need to brace for increased denial rates, longer processing time, and demand for more documentation under the Trump administration's second term, say immigration experts.The deadline to file H-1B application filing for FY26 was June 30, after the 85,000 applicants were selected through the lottery in March this year.'We do expect to eventually start seeing increased scrutiny of H-1B petitions. Given what we saw during Trump's first term in office, and the administration's general skepticism of the positive impact of immigration, it is important to be prepared for what is very likely coming," Joel Yanovich, immigration attorney, Murthy Law Firm said.According to a report from Pew Research Center, under the first Trump administration, denial rates went by as high as 15% in 2018 as they implemented stringent measures for H-1B applicants. In addition, denial rates went as high as 24% for new H-1B applications and 12% for renewal. The report noted that this went to 3% under the Biden administration.This affected the Indians significantly considering that they are the largest beneficiaries of the visa, which is used by both Indian as well as American companies to send workers to Amercia.Xiao Wang, founder, Boundless Immigration, said that they are seeing indications that wait times might go up, like what happened during the first Trump administration.According to a note from Jeelani Law Firm, an immigration platform, USCIS processing times took 12-36 months longer between 2016-2020, when Trump first became the President.Apart from wait times, Wang said that they are also tracking requests for evidence (RFE), which refers to demand for additional documentation, that went up. Experts are preparing for this as well.Gnanamookan Senthurjothi, founder of The Visa Code, a US immigration firm, earlier told ET that in addition to RFEs, stamping and issuance of visa post approval is also taking more time, from a couple of days to as much as four weeks.Yanovich, who was cited earlier, concurred that they are seeing additional challenges during visa stamping and sudden changes in how H1B petitions are adjudicated like the need for end-client documents.'Perhaps more concerning, however, was how novel issues started popping up during Trump's first term. For instance, in 2017, the administration issued a memo that resulted in the USCIS routinely questioning H1B petitions for wage level 1 positions. My recommendation is to operate under the assumption that the H-1B petition will face added scrutiny and prepare accordingly,' he added.As the scrutiny increases, people are also looking for alternatives such as L-1 and EB-5.According to immigration experts, demand for EB-5 has gone up by 50% since January, and there are an increasing number of people seeking L-1 and O-1 in recent times.Yanovich, who was cited earlier, said that while this demand is seasonal from people who were not selected for the H-1B lottery, this is also from employers and individuals who are looking to avoid H-1B scrutiny, he said.Some are also considering EB-2 NIW (National Interest Waiver), which is for individuals possessing advanced degrees that are working for national interest in the US.
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