H-1B in General: U.S. businesses utilize the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as science, technology, engineering, or financial services. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the DOLs Wage and Hour Division safeguards the treatment and compensation of H-1B workers.
Recently, U.S. Citizenship and Immigration Services (USCIS) released data indicating that H-1B approvals are down significantly from last year. Many employers are experiencing receipt of RFE’s questioning the use of a “Level 1” wage (out of a 4-tier system); whether the job is a “specialty occupation”, “right to control”, “sufficient work for the full period requested” and “challenges to the potential employees degree and how it relates to the position being filed for”.
We encourage both employers and individuals to contact our office to discuss H-1B RFE’s. We have been advising employers for over 30 years on how to navigate the complex H-1B program and are recognized for our expertise in employment based immigration. Last year we were able to successfully navigate the significant changes USCIS imposed on employers filing H-1B petitions and this year over 60% of our H-1B petitions were selected in the lottery representing the fifth year in a row were we have received a higher selection rate than the national average.