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Time of India
19 hours ago
- Business
- Time of India
H-1B aspirants brace for longer waits, denials
Academy Empower your mind, elevate your skills ETtech 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 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 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 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 Wang, founder, Boundless Immigration, said that they are seeing indications that wait times might go up, like what happened during the first Trump 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 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 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 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 the scrutiny increases, people are also looking for alternatives such as L-1 and 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 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 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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Business Standard
05-05-2025
- Politics
- Business Standard
US visa crackdown: International students rethink summer travel plans
International students in the United States are reconsidering their summer break plans, worried that even domestic travel could jeopardise their legal status. A PhD student at the University of California, San Diego, had planned a trip with friends to Hawaii. But after reports of students across the country losing their legal status, the trip was called off. 'I probably am going to skip that to ... have as few interactions with governments as possible,' the student told Associated Press, speaking on condition of anonymity out of fear of being targeted. Travel plans under scrutiny The Trump administration's crackdown on student visas has caused widespread anxiety among international students hoping to travel for holidays, to visit family, or to conduct research. Some universities had already advised students and staff to delay travel, even before large-scale terminations were reported. Early warnings were linked to government efforts to deport students involved in pro-Palestinian activism. As the number of status terminations has grown, more institutions have urged caution. University of California, Berkeley, issued an advisory last week warning that international travel could be risky due to 'strict vetting and enforcement.' An Associated Press review of university statements, official correspondence and court documents found that at least 1,220 students at 187 colleges, universities and university systems had either lost their visas or had their legal status terminated since late March. Some students left the country, others stopped attending classes, and a few went into hiding. Many international students whose status was revoked said they did not fit into either category, or had only minor incidents on record. Sheela Murthy, president and CEO of US-based Murthy Law Firm, told Business Standard there was little individual review behind the mass cancellations. 'Based on our understanding, the Department of Homeland Security took a shortcut of targeting anyone who had any type of incident or had their fingerprints taken or attended a court hearing,' said Murthy. 'They may have used AI to send out blanket visa revocations and SEVIS terminations without confirming if they were throwing the baby out with the bathwater.' She added that most affected students either had no criminal record or had seen their cases dismissed. 'The revocations and terminations in those cases would be clearly incorrect and violate due process under US law,' she said. Warnings mirror early Trump era concerns The last time universities issued similar travel warnings was before Donald Trump's inauguration on January 20, 2025. Universities including the University of Massachusetts, Wesleyan University and Yale University urged their international communities to return early from travel plans. 'Based on previous experience with travel bans enacted in the first Trump administration, the Office of Global Affairs has made this advisory out of an abundance of caution,' the schools said in a joint advisory. Speaking to Business Standard at the time, Russell A Stamets, Partner at Circle of Counsels, a Delhi-based law firm, said universities were recommending that foreign students return to campus for their own protection. 'Trump has made it clear he intends to prioritise protecting American jobs, which has caused anxiety among international students,' he said. Thousands more affected The real number of affected students appears to be far higher. According to an April 10 response from Immigration and Customs Enforcement to congressional inquiries, at least 4,736 international students' visa records were terminated in the federal database that tracks their legal status. < Some students went into hiding or left the United States voluntarily. < Many said they had only minor infractions or were unaware why their visa records were deleted. < Federal judges raised due process concerns in some cases, leading the government to reverse several terminations. However, new guidance has since expanded the reasons students can lose their legal status. Under the revised policy, a student's visa being revoked could now be grounds for immediate termination of their legal stay, even if they remain enrolled. In the past, students whose visas were revoked could typically remain until completing their course but could not leave and reenter. Students feel trapped The uncertainty has created deep distress among international students. A student at the University of Illinois, who spoke to AP on condition of anonymity, said he has kept a low profile since one of his classmates was forced to leave the country after their status was terminated. He had already booked a trip to visit his family in Asia this summer, but now fears he may not be allowed back into the United States. 'Right now," he said, "I'm afraid I might not be able to come back." With inputs from agencies
