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Employment immigration visa process trickier these days

Persons seeking common H1-B visas for work are facing more hurdles as the current U.S. administration shifts policies. Greater scrutiny has led to an increase in requests for evidence from applicants. Employment immigration visas are still being granted in New York, reportedly, but applicants are putting forth greater effort and more time to receive them. 

An H1-B visa is granted to individuals coming to the United States to perform certain jobs that require highly-skilled employees who have at least a bachelor's level of education. When the person applies, they must be able to demonstrate that the job does in fact require the specialized higher education. More often, say immigration lawyers, the U.S. Citizenship and Immigration Services office is sending the applications back with requests for more evidence that the job requires education. 

Some lawyers and applicants find this frustrating because they feel that either it is apparent the job is highly specialized, or that they have submitted sufficient evidence to prove it. People are making more use of the appeals process, but an appeal does delay the visa. Some individuals are being advised to be more flexible in their plans due to the increased length of the approval process. 

Employment immigration in New York is not as straightforward as it used to be. Many individuals are learning to roll with the new changes and anticipate delays. As laws frequently change, many people are choosing to rely on the advice of an experienced attorney for help with applying for certain work visas. 

Source:, "Immigration Attorneys on Their Toes in the Age of Trump", Laura D. Francis, Dec. 19, 2017

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