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Hi, thanks so much for doing this! Does the recent policy guidance in https://www.uscis.gov/news/news-releases/uscis-updates-policy-ensure-petitioners-meet-bur
by btown 9y ago
Hi, thanks so much for doing this!
Does the recent policy guidance in https://www.uscis.gov/news/news-releases/uscis-updates-policy-ensure-petitioners-meet-burden-proof-nonimmigrant-worker-extension-petitions https://www.uscis.gov/news/news-releases/uscis-updates-polic... markedly increase the risk that an H-1B sponsored skilled technologist might (a) be unable to change jobs/sponsors, or (b) lose their visa altogether if they even try to do so?
If either is true, we're worried from the hiring perspective that we could find an amazing candidate but lose them immediately due to the policy, even if we did everything perfectly in starting the H-1B transfer process; it makes it difficult to offer to sponsor H-1B folks looking to change jobs. And certainly from the employee's perspective, if there's any chance of (b) being true, there's a new chilling effect that would trap them at their current employers. Is this the correct read of the situation?
- proberts 9y agoThis just means that no deference is given to an employee's current/previous H-1B approval but this doesn't mean that solid H-1B petitions are not getting approved.
- btown 9y agoThanks! If you don't mind me asking a followup: when you say "solid," is there randomness in the this re-approval/transfer process (as there is with the lottery for initial H-1B applications), or is it really just the office ensuring that all requirements are met?
- proberts 9y agoThere is no question that the decision-making can be arbitrary and unfair and this seems to have increased under the current administration but still, even in this environment, if the job is clearly a professional job and the pay is above Level 1, then such petitions are getting approved.