A group of technology companies have filed suit in a New Jersey federal court against U.S. Citizenship and Immigration Services (USCIS) over the Trump administration’s policy changes to the H-1B visa program. Consistent with its push to significantly limit the program, the administration has placed greater restrictions on companies who enter into contracts with workers who have H-1B visas. These changes particularly affect companies seeking access to IT professionals.
USCIS issued a memo in February that outlined the changes in policy. Specifically, an applicant for a H-1B visa now must provide detailed statements of work or work orders about any duties to be performed by a worker with a H-1B visa at a third-party site, including itineraries. The concern is that some outsourcing companies would be unable to meet these requirements, which would lead to a shortage in highly skilled workers.
In the lawsuit, the plaintiff companies allege that USCIS overstepped its role overseeing the H1-B visa program, since the U.S. Department of Labor is in charge of deciding what types of employers qualify for various visas. They also claim that the pool of highly skilled American workers is insufficient to meet their needs, which makes them understaffed and unable to compete without H-1B visa workers. For its part, the federal government and other critics of the H-1B visa program claim that companies seeking these skilled workers are outsourcing jobs to the detriment of American workers, who remain unemployed as a result.
The Peek & Toland immigration attorneys are here to assist you with the H-1B visa process necessary to you entering the U.S. as a specialty occupation worker. We are here to represent your interests and provide you with the legal help you need in this type of this situation, particularly in light of the heightened restrictions described above. Our experienced and skilled immigration lawyers know how to gather documentary evidence in support of your case and guide you through the complex U.S. immigration system. Schedule an appointment to meet with us today and learn how we can help you with your immigration matter.