Law Offices of Sweta Khandelwal
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How has the H1B visa application and qualification changed?

The last few years have brought important changes to employment-based visas into America. An H1B visa is especially popular in foreigners, as they can transition from working in the country to becoming a legal resident. The United States Citizenship and Immigration Service opens 65,000 such visas every year in the beginning of April and the visa allocation is often exhausted within the first week. While foreigners use this path to becoming a lawful citizen of the country, there is no doubt their numerous contributions to the society have advanced the country immensely.

It might come as a surprise to California residents that first or second-generation immigrants founded nearly half of Fortune 500 companies. The top 10 employers of H1B visa holders are tech giants Amazon, Google, Microsoft and Intel. Given their contribution to the vitality of the economy, it would seem that policies would be introduced to support the H1B visa, but this is not the case.

The Buy American, Hire American policy has greatly hampered the ability of foreign nationals proficient in math and engineering to get a work visa. The new policy requires that either the most accomplished applicants or highest paid beneficiaries receive H1B visas. New forms were introduced during the application process that are created in a way to elicit personal information from applicants and increase paperwork pressure.

The uncertainty of American policies can be overwhelming for someone embarking on their employment path in the country. Though it may seem as if the immigration system is built in a manner to overwhelm applicants, it does not have to be this way. An experienced attorney can provide valuable guidance on how to fulfill one's immigration objective.

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