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Time of India
23-04-2025
- Business
- Time of India
H-1B visa under scrutiny as Trump administration ramps up vetting and enforcement
The H-1B is a non-immigrant employment visa designed for foreign nationals with specialized skills, typically requiring at least a bachelor's degree or equivalent. It is commonly used by technology firms, though it also supports hiring in sectors like healthcare, finance, and education. The program was created under the 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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Don't Miss The Top Packaging Trends Of 2024, Enhnace Your Brand With The Latest Insights Packaging Machines | Search Ads Search Now Undo New requests and scrutiny under Trump administration (Join our ETNRI WhatsApp channel for all the latest updates) 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. Live Events You Might Also Like: Are H-1B visa holders in trouble again? Things to know before facing US immigration officers 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. You Might Also Like: US now demanding home addresses & biometrics from H-1B visa workers; raises concern '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.
Yahoo
10-03-2025
- Business
- Yahoo
Who's hiring on H-1B? Here are the US metros and companies with the most visa holders.
Amid economic uncertainty and a slowdown in hiring—particularly for technology and professional services sectors—the H1-B program has once again become a focal point in the debate over American jobs and immigration policy. The program allows foreign workers in specialty occupations to be employed by U.S. companies. Proponents argue that the program strengthens the U.S. economy in many ways by expanding the talent pool, complementing the native-born workforce, and attracting immigrant workers who then also spend and invest in the U.S. economy. Critics, however, contend that the program potentially undermines American workers by allowing foreign workers to fill positions that could go to domestic talent. The program allows 65,000 H-1B visas every year, with an additional 20,000 for people holding advanced degrees from a U.S. higher education institution. It was established by the Immigration Act of 1990, a comprehensive reform signed into law by President George H.W. Bush, which created a new visa category specifically for highly skilled workers such as scientists, engineers, and educators. The bill built on previous regulations that evolved as Congress responded to mounting pressure from employer groups advocating for greater workforce flexibility, according to Gabrielle Clark, an assistant professor of political science and public law at California State University, Los Angeles and author of a forthcoming book about migration laws throughout U.S. history. While Trump's longtime confidant and former White House chief strategist, Steve Bannon, remains a staunch critic of the program, President Trump has recently aligned with multibillionaire and senior presidential adviser Elon Musk in supporting it. Trump even publicly reaffirmed its validity, not only for tech engineers, but also for other qualified personnel, including "wine experts and waiters," the president said during a press conference held at the White House. On the Democratic side, during his final weeks in office, former President Joe Biden's administration introduced changes to the H-1B program aimed at improving its efficiency and integrity. Shortly after, Independent Sen. Bernie Sanders published a critique accusing the program of replacing American jobs with "lower-paid workers from abroad who often live as indentured servants." A significant change came with the act's modifications to the criteria for determining an individual's ability to perform a "specialty occupation," including the removal of the minimum requirement of holding a bachelor's degree. The act also expanded opportunities for H-1B visa holders to extend their visas and apply for permanent residency. "It was a ratcheting down of what it means to be of distinguished merit and ability, and to be exceptional," Clark told Stacker. Over the years, tensions between labor unions and employer groups have periodically emerged around the H-1B program, particularly regarding unsuccessful attempts to require employers to demonstrate they had first tried to recruit American workers before hiring foreign nationals. "Conflict [over the H-1B visa] is not new, although it became amplified with the rise of anti-neoliberal politics and anti-global politics," Clark said. "But it's always been there." H-1B Employer Data analyzed information from U.S. Citizenship and Immigration Services to show where the H-1B program is being used and which companies are the primary sponsors. The analysis aggregated both initial and continuing visa approvals from 2022 to 2024, grouping subsidiaries of the same entity together. To assess H-1B visa density across U.S. metro areas, the analysis used ZIP codes from the 2024 data to match employers to their corresponding metropolitan areas. Additionally, Census data was applied to calculate the ratio of H-1B visa holders per 1,000 residents. Silicon Valley tech companies have become closely associated with the H-1B program, and the data supports this connection. In 2024, analysis of USCIS data shows approximately 1 in 5 of these visas—both new applications and renewals—were issued in California. Of these, about half were sponsored by companies located in Silicon Valley. Notably, 3 of the 5 top H-1B visa sponsors are either Indian companies or U.S. companies with strong connections to India. This aligns with broader data showing that in 2022, Indian-born nationals received 72.6% of these visas, with most working in science, technology, engineering, and mathematics fields. The next most common country was China, which trailed in second place with 12.5% of the share of these visas. This concentration from India has raised concerns about potential program abuse, particularly by large IT firms. Last year, more than 20 former employees of Tata Consultancy Services filed complaints with the Equal Employment Opportunity Commission, alleging discrimination favoring Indian workers, reported The Wall Street Journal. In 2013, Infosys, an Indian company, paid a $34 million civil settlement over allegations of systematic visa fraud and abuse of immigration processes. More recently, a federal class-action lawsuit found Cognizant, a U.S. company with an Indian arm, guilty of intentionally discriminating against non-Indian employees. Among the tech hubs with the highest concentration of H-1B visas are metros in the San Francisco Bay Area. San Jose comes in at #2 (home of Google, Apple, and NVIDIA) and also has the second-largest overall number of approved visas after New York. The San Francisco metro area (home of Meta, Salesforce, and Uber) came in at #6. The presence of Indian IT companies drives up the presence of H-1B visa holders in other areas as well. In particular, the area with the highest number of holders—almost 30 per 1,000 residents—is College Station, Texas, where the large majority of these visas derive from Cognizant's presence. The same is true for Dallas, where the main employer of H-1B visa holders is Infosys. Tata Consultancy shares the Washington D.C. metro area with Amazon. Together, the two companies sponsor more than 20% and 40% of the visas, respectively. Concerns over H-1B visa changes aimed at reducing approvals have alarmed tech companies and raised anxiety among Indian nationals pursuing career opportunities in the U.S., the BBC reports. Often, Indian companies cite H-1B visa regulation changes as a risk factor in operating within the U.S. market. During his first term, Trump made efforts to restrict the H-1B program, signing the "Buy American and Hire American" order to increase application scrutiny and fraud detection. The order prompted USCIS to review its policies for approvals, which made rejections soar. The administration also took significant steps behind the scenes to further hinder the process, according to Forbes. A revision to the USCIS Requests for Evidence process dated March 23, 2017, led to an increase in time-consuming and expensive submissions to USCIS of additional information they needed to make their decisions. A "Guidance memo on H-1B computer-related-positions" instructed USCIS to essentially deny petitions for H1-B for many occupations because not everyone hired in those occupations required a bachelor's degree according to the Department of Labor Occupational Outlook Handbook. More importantly, many things were left out of public view. The "H-1B AC21 Denial Standards," revised July 17, 2017, along with other documents, had many redacted sections. "You see that the noncontroversial matters are all supported by citation to statute and regulation. However, their most controversial policies lack any such support. It appears that the agency made dramatic changes to H-1B policy without grounding those changes in any law," Jonathan Wasden, a partner with Wasden Banias, told Forbes. Whether new regulations will be introduced, either at the enforcement level or through the legal system, remains to be seen. "It's too soon to tell," said Clark. "I wouldn't be surprised if some kind of legislation proposed by the Trump administration gets going in Congress to make some changes." Story editing by Carren Jao. Additional editing by Elisa Huang. Copy editing by Tim Bruns. This story originally appeared on H-1B Employer Data and was produced and distributed in partnership with Stacker Studio.
Yahoo
30-01-2025
- Politics
- Yahoo
Trump should target the real villains behind our immigration chaos: drug cartels
President Trump's Executive Order to suspend refugee resettlement may unintentionally be an advantage to the real villains behind immigration chaos. As Wisconsin's Advocacy Coordinator for World Relief – a global Christian humanitarian organization – I regularly discuss immigration reform with Wisconsin residents across the political spectrum. Often, people seek to identify a villain for our dysfunctional immigration system. Among left-leaning groups, the villain is often Border Patrol or ICE. Among right-leaning groups, the villain is frequently immigrants themselves. Neither perspective is accurate. The true villains are the drug cartels. When a person is fleeing from their home because of violence or threat of violence, there are currently very few options available to apply for legal immigration to the United States to live in safety. The number of visas allowed into the United States, for example, hasn't been updated since the Immigration Act of 1990. Without legal options like refugee resettlement available, people without another choice turn to the cartels. Former CIA Director and retired Army General David Petraeus recently told The Dispatch regarding cartels, 'You can't just topple the kingpins and expect the rest of it to die'. These cartels have evolved into sophisticated organizations that profit from desperate people. They facilitate dangerous journeys across Central America for those hoping to enter the United States. If Trump were to focus on dismantling drug cartels, immigration reform could significantly reduce the dysfunction of our immigration processes. For example, increasing the number of visas offered to people from various countries and allowing them to apply at U.S. embassies overseas would reduce the need for individuals to rely on cartels or other nefarious entities for transportation into the U.S. Opinion: I just returned from the U.S.-Mexico border. What I saw should trouble us all. In addition to smuggling people, drug cartels profit from smuggling their namesake: drugs. It might seem counterintuitive, but cartels do not typically use immigrants as drug mules. According to the Cato Institute – a more conservative think tank, 'fentanyl is overwhelmingly smuggled by U.S. citizens.' In 2022, 89% of convicted fentanyl traffickers were U.S. citizens. Asylum seekers are not reliable drug mules for cartels. They seek apprehension by Border Patrol to initiate their asylum claims. Conversely, U.S. citizens, who drive hundreds of vehicles across the border daily, provide a more reliable means for cartels to smuggle drugs, often hidden in box trucks. Fortunately, some legislators are pursuing bipartisan immigration reform that addresses the cartels as the primary culprits in this crisis. The Dignity Act, for instance, combines increased funding for security at ports of entry with compassion for those seeking legal entry into the United States. Immigrants are not America's enemies. The drug cartels are. With control of both chambers of Congress and the presidency, Trump and the Republican Party have a unique opportunity to pass immigration reform that targets these cartels. Opinion: Garden is a place to escape divisive politics and high prices in grocery stores Aside from this congressional legislative action, the new administration should resume refugee resettlement to maintain an established legal avenue for immigration. According to the Heritage Foundation, refugees are already subjected to the most thorough vetting of any category of visitor or immigrant to the United States. Maintaining a refugee resettlement program disincentives people from using cartels to travel to the United States – and circumventing those established vetting procedures. By addressing one of the root causes — the cartels — we can achieve meaningful immigration reform that promotes security and compassion. While some challenges in our immigration system are exceedingly complicated. Other dynamics, like the exploitative nature of cartels, are straightforward. Luke Nelessen is the Advocacy Coordinator for World Relief Wisconsin, where he educates churches and elected officials around the state of Wisconsin on immigration topics. This article originally appeared on Milwaukee Journal Sentinel: Trump misses the real villain behind our immigration crisis | Opinion
USA Today
30-01-2025
- Politics
- USA Today
Trump should target the real villains behind our immigration chaos: drug cartels
Trump should target the real villains behind our immigration chaos: drug cartels | Opinion Immigrants are not America's enemies. The drug cartels are. Show Caption Hide Caption How far could Trump's executive orders on immigration go? President Donald Trump wasted no time signing executive orders related to his sweeping immigration crackdown after taking office. President Trump's Executive Order to suspend refugee resettlement may unintentionally be an advantage to the real villains behind immigration chaos. As Wisconsin's Advocacy Coordinator for World Relief – a global Christian humanitarian organization – I regularly discuss immigration reform with Wisconsin residents across the political spectrum. Often, people seek to identify a villain for our dysfunctional immigration system. Among left-leaning groups, the villain is often Border Patrol or ICE. Among right-leaning groups, the villain is frequently immigrants themselves. Neither perspective is accurate. The true villains are the drug cartels. When a person is fleeing from their home because of violence or threat of violence, there are currently very few options available to apply for legal immigration to the United States to live in safety. The number of visas allowed into the United States, for example, hasn't been updated since the Immigration Act of 1990. Without legal options like refugee resettlement available, people without another choice turn to the cartels. Drug cartels profit from people desperate to reach the U.S. Former CIA Director and retired Army General David Petraeus recently told The Dispatch regarding cartels, 'You can't just topple the kingpins and expect the rest of it to die'. These cartels have evolved into sophisticated organizations that profit from desperate people. They facilitate dangerous journeys across Central America for those hoping to enter the United States. If Trump were to focus on dismantling drug cartels, immigration reform could significantly reduce the dysfunction of our immigration processes. For example, increasing the number of visas offered to people from various countries and allowing them to apply at U.S. embassies overseas would reduce the need for individuals to rely on cartels or other nefarious entities for transportation into the U.S. Opinion: I just returned from the U.S.-Mexico border. What I saw should trouble us all. In addition to smuggling people, drug cartels profit from smuggling their namesake: drugs. It might seem counterintuitive, but cartels do not typically use immigrants as drug mules. According to the Cato Institute – a more conservative think tank, 'fentanyl is overwhelmingly smuggled by U.S. citizens.' In 2022, 89% of convicted fentanyl traffickers were U.S. citizens. Asylum seekers are not reliable drug mules for cartels. They seek apprehension by Border Patrol to initiate their asylum claims. Conversely, U.S. citizens, who drive hundreds of vehicles across the border daily, provide a more reliable means for cartels to smuggle drugs, often hidden in box trucks. Bipartisan immigration reform can address role of cartels Fortunately, some legislators are pursuing bipartisan immigration reform that addresses the cartels as the primary culprits in this crisis. The Dignity Act, for instance, combines increased funding for security at ports of entry with compassion for those seeking legal entry into the United States. Immigrants are not America's enemies. The drug cartels are. With control of both chambers of Congress and the presidency, Trump and the Republican Party have a unique opportunity to pass immigration reform that targets these cartels. Opinion: Garden is a place to escape divisive politics and high prices in grocery stores Aside from this congressional legislative action, the new administration should resume refugee resettlement to maintain an established legal avenue for immigration. According to the Heritage Foundation, refugees are already subjected to the most thorough vetting of any category of visitor or immigrant to the United States. Maintaining a refugee resettlement program disincentives people from using cartels to travel to the United States – and circumventing those established vetting procedures. By addressing one of the root causes — the cartels — we can achieve meaningful immigration reform that promotes security and compassion. While some challenges in our immigration system are exceedingly complicated. Other dynamics, like the exploitative nature of cartels, are straightforward. Luke Nelessen is the Advocacy Coordinator for World Relief Wisconsin, where he educates churches and elected officials around the state of Wisconsin on immigration topics.
