H-1B visa under scrutiny as Trump administration ramps up vetting and enforcement
Immigration
Act of 1990.
Each year, 65,000 new H-1B visas are issued, with an additional 20,000 available to applicants holding advanced degrees from US institutions. Employers such as universities and non-profit research organizations are exempt from these caps.
Indian nationals are the largest group of H-1B recipients, with Pew Research Centre data showing they have consistently accounted for the majority of annual approvals since 2010.
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In recent weeks, immigration lawyers have reported receiving unexpected requests for biometric data from clients applying for or renewing H-1B visas, as per a report by AP. According to Kevin Miner, a partner at Fragomen and a committee chair for the American Immigration Lawyers Association (AILA), these requests are not standard for these types of applications.
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Miner told AP that AILA members received two types of notices: one indicating the presence of 'adverse information' and requiring biometric collection, and another asking for biometrics without explanation. He noted that typically, additional information requests from immigration authorities are specific and follow a formal rulemaking process.
'This is different,' Miner said, explaining that the usual notice-and-comment procedure, which alerts stakeholders to changes in immigration processing, has not been followed.
Statement by the Government
In response, a spokesperson for US Citizenship and Immigration Services (USCIS) said the agency is expanding screening and vetting as part of the Trump administration's broader immigration strategy.
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'Collecting beneficiary information and biometric data is a necessary part of USCIS's efforts to promote national security and public safety and to mitigate fraud by conducting screening and vetting in all immigration programs,' USCIS spokesperson Matthew Tragesser said in a statement to AP. He added that these efforts had 'lapsed' under the previous administration.
While the administration's focus has largely been on unauthorized immigration, the recent developments signal a shift toward increased oversight of legal immigration processes as well. More than 1,000 international students have reportedly had their visas or legal status revoked since early April, according to AP in review of university documents and court filings. In many cases, the revocations occurred without advance notice to students or schools.
Critics of the H-1B program, including members of both major political parties, argue that it may be used to replace American workers with lower-paid foreign labour. Some voices within the Republican Party have called for ending the program entirely, while others in the tech industry advocate for expanding it to fill labour shortages.
The debate resurfaced last year when
Donald Trump
appointed tech executive Sriram Krishnan, a supporter of skilled immigration, as an adviser on artificial intelligence policy. The move sparked disagreement within the Republican base, reflecting broader divisions over the role of employment-based visas in US immigration policy.
Period of Uncertainty and Unrest
Lawyers and applicants remain uncertain about how these new procedural changes will impact visa approvals and renewals moving forward. Miner said the lack of clarity has led to growing concern among applicants and legal professionals.
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