An employer who desires to place a skilled foreign worker in a position here in the U.S. is may sometimes file an H-1B status petition for the worker. This is a temporary status which allows foreign workers in certain specialty occupations to come into the United States. Our H-1B FAQ page contains a discussion of what “specialty occupation” means when it comes to this visa program.
Now, getting H-1B status for a foreign worker can prove challenging for a business. For one, there are various regulations pertaining to this visa program that limit its use. One of these limits is the quota system. There is a general cap on how many H-1B visas can be issued per year. Currently, this cap is far below the number of H-1B applications received annually.
These limiting regulations can have a range of implications.
For one, they can have significant impacts on businesses seeking to hire foreign skilled workers. The limits could lead to delays in a business being able to bring the worker they are petitioning for into the country, which could leave the position they are planning to put the worker in unfilled for a time, which could have substantial financial implications.
Such delays can also have major impacts on the worker a business is petitioning for.
A recent report posited that the current limitations that are in place in the H-1B program could also pose challenges for the U.S. economy. The report argues that, given the effects that such limitations can have on how able skilled workers are to be brought into the country and the costs the limitations can expose companies to, such limitations could impair job growth in the country.
What do you think of the current limiting regulations, such as the quota system, in the H-1B program? Do you think changes should be made to these regulations? If so, what sorts of changes do you think would be best?
Experienced employment immigration attorneys understand the challenges that can arise in connection H-1B visa petitions, and can assist employers and the workers they are petitioning for with navigating the H-1B process in a way aimed at avoiding unnecessary complications and achieving their goals.