US scrutiny on H-1B candidates is ongoing

USCIS Updates Policy Guidance

The initial half year of US fiscal 2019 reflecting scrutiny on H-1B application continues, as per recent update by the USCIS.

Extra evidence was looked for in an enormous number of cases from supporting employers to legitimize the visa application. RFEs (Request for Evidence) were looked for in 48% of the H-1B applications (for both initial visa and extensions) that were arranged during the first half year of financial 2019. This is up by 1% when contrasted with the comparing time frame a year ago. Almost 95,050 RFE related applications were arbitrated by USCIS during the primary portion of financials 2019, when contrasted with 88,630 during the half year ending March 31, 2018.

A huge part (over 60%) of initial H-1B visas are issued to Indians, with the level of H-1B expansions granted being considerably higher.

A huge takeaway, which mirrors the developing difficulties in getting H-1B visas, particularly by IT administration organizations, that spot their H-1B workers at third party (local client), is the rise  in reduction of the applications, after the extra data is submitted to USCIS under a RFE.

The endorsement rate of H-1B applications, in the wake of getting extra data from the supporting employers, declined to 60.5% during the initial half year of 2019. Just, 57,500 applications were endorsed, as against the 95,050 applications that were liable to the RFE technique.

This decrease of about 2 rate points illustrates that reviewing of H-1B applications, for both introductory applications and extensions (for those representatives as of now in the US) has turned out to be stricter.

“The declining endorsements and higher rates of RFE found in the main portion of fiscal 2019 are steady with the continued scrutiny of H-1B applications, as per the Buy American, Hire American official request.” says Fragomen, a worldwide migration law office.

By issuing a RFE, USCIS looks for extra proof before it settles an H-1B application. On the off chance that the proof submitted, illustrates that the activity is a specialty occupation and does not satisfy USCIS authorities, the application is rejected. RFEs cast an extra burden on the supporting organizations – as far as time and cost are concerned.

Almost 1.57 lakh H-1B applications were affirmed during the initial half year ending March 31, 2019. Be that as it may, in rate terms, the general endorsement rate tumbled to 79.5% in the principal half of fiscal 2019.

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