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Changes to H-1B visa program creating challenges for employers

Employers and employees should keep a lookout for changes to H-1B standards, H-4 employment authorization, and F-1/M-1 practical training in particular.

By Devang A. Patel | Updated on March 15, 2018
The 2017 executive order “Buy American, Hire American,” has resulted in significant changes to the processing of H-1B cap cases.

Immigration attorneys and their clients who utilize the H-1B visa program are entering into an extremely busy and stressful time of year: H-1B cap season. New changes to the processing of these cases, implemented at the beginning of 2017, have empowered adjudicators on taking a more restrictive interpretation on cases that, were viewed as routine, only a year ago.

In 2017, U.S. Citizen and Immigration Services (USCIS) implemented the executive order “Buy American, Hire American,” resulting in these significant changes to the processing of H-1B cap cases filed in April 2017. Though there were no specific changes to regulations, the implementation of the executive order has particularly led to heightened scrutiny during the adjudication of H-1B petitions, and an increase in the number of requests for evidence (RFEs) for these petitions. The effects of these changes were seen in 2017’s H-1B cap season, in which premium processing was also suspended for several months, and the overall impact was months of delays and additional work for both employers and employees.

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