As you have read in our other blogs, H-1B visas are a popular category of temporary work visas in the United States for foreign nationals who are employed in specialty occupations. Despite the H-1B visa program’s popularity, there are also several common problems and challenges that can arise during the application process and while maintaining H-1B status. If you have read our other blogs, you already know that the biggest obstacle has to do with the number of H-1B visas: each year there are caps on the number of H-1B visas that limit how many of these temporary visas are issued, and the ensuing lottery system to be eligible for the H-1B visa is an uncontrollable random situation that foreign workers are placed in.
There are a few more challenges we have not gone into depth in our other blogs, so I wanted to feature these here for your information.
RFEs (Request for Evidence): USCIS may issue RFEs seeking additional documentation or information about the H-1B petition. When an RFE is issued, there is an expected quick turnaround time, and should not be handled by the applicant alone, requiring the involvement of an immigration specialist (often, an immigration attorney). Responding to RFEs can delay the visa approval process and increase legal and administrative costs.
Visa Transfer Delays: H-1B workers in the midst of the application process with one employer and wish to change employers must go through a transfer process. This can sometimes lead to delays and gaps in employment authorization with periods where the applicant cannot legally work. If you are looking to change employers, downloading the FrogHire.aiextension will help you as you search for employers who will sponsor your H-1B visa transfer.
Dependents’ Status: H-1B visa holders often bring their dependents (spouse and children) on H-4 visas. Changes in the H-1B status, such as job loss or visa expiration, can affect the status and work authorization of H-4 dependents; if there is a loss in the H-1B applicant’s status and s/he cannot work, their spouse’s work visa (which is tied to the H-1B) will also be lost, leading the family with no income.
Visa Extensions: Extensions of the H-1B status can be challenging, especially if there are changes in the job, employer, or location. Meeting the regulatory requirements for extensions is crucial.
Travel Restrictions: H-1B visa holders may face difficulties when traveling outside the United States and returning, especially if there are pending visa applications or if their visa stamp has expired.
Immigration Policy Changes: Immigration policies, regulations, and executive orders can change over time, impacting H-1B visa holders and their ability to work and stay in the United States.
Wage Level Challenges: Continual changes in the H-1B program may require employers to demonstrate that the H-1B position is a specialized and highly skilled role. Meeting these criteria can be challenging for some employers, especially as this is alongside the prevailing wage requirement which employers must pay their H-1B staff.
Visa Denial: Some H-1B visa applications are denied for various reasons, including incomplete documentation, concerns about the job’s specialty nature, or suspicions of fraud. Denials can be challenging for foreign workers who have started to make a life for themselves in the U.S.
TLDR: It is essential for both employers and H-1B visa holders to stay informed about immigration laws and regulations, work closely with immigration attorneys, and maintain accurate and up-to-date documentation to address and mitigate these common challenges.
