According to analysts, the decline in both the L1A and L1B Visas have been attributed to incorrect documentation by visa applicants. In comparison, Small businesses also use the L1 Visa category to set up a company in the US. As per analysts, L1 Visa rejections can mostly be attributed to wrong or incomplete documentation and compliance issues. L1 Visa rejections were unheard of in the past. However, with the Trump Govt.
While the rejection rate of L1 Visas has increased, the approval rate of H1B Visas have also increased but slightly. Even though H1B approvals have increased slightly, the approval rate is much lesser as compared to the previous year. Two-thirds of all the visas approved went to Indian companies.
H1B Visa applications have come under strict scrutiny under the Trump Govt.
US L1 visa refusal rate continues to increase under Trump
In FY, almost In In FY, the number has shockingly dropped to You now have to apply for the H1B Visa 90 days in advance. Login Sign Up Contact Us. If you found this blog engaging, you may also like… You now have to apply for the H1B Visa 90 days in advance Apply Now.
Share :. Y-Axis Mumbai can help you! October 5, Immigrants can cheer as Canada increases immigration targets! Follow Us We want to hear from you!The L-1 visa allows certain employers to transfer executives, managers, and workers with specialized knowledge between afflicted companies. Numerous requirements must be met in order to qualify for a L-1 visa.
For example, the foreign company must have a qualified relationship with a U. In addition, in the three years prior to filing the petition, the prospective employee must have worked continuously for the foreign employee for at least one year in one of the three categories listed above. Executives and managers who enter the United States under a L-1A visa can remain in the country for 7 years, along with their immediate family. Employees with specialized knowledge can remain in the country for a period of 5 years.
These visas can be renewed, and employers can sponsor permanent residence for employees on L-1A visas. While the L-1 visa program has been a popular way for companies to bring skilled workers to the United States, it has caught the attention of the Trump administration as a way that American workers are theoretically harmed by foreign employees coming to the United States. Drawing particular ire throughout was the L-1B program, which brings employees with specialized knowledge to the United States.
Trump US L1 visa rejection rates reach 70% with Indians hit
Similarly, renewal applications are being more closely examined, and no longer receive deference. Instead, officers have been told to extend the same level of scrutiny to visa extension requests as they would to original applications — even where the underlying facts have not changed.
Instead of relying on the previous approval as the basis of granting a renewal, the burden will be on the applicant to prove that he or she qualifies for a L1-B visa. Although the data is harder to obtain because USCIS fails to release information on L-1A Visa denials in a straightforward fashion, it appears that the denial rates of L-1As have increased at an even greater rate than that of L-1B Visas.
In addition, US Immigration has expanded its site visit program to ensure that employers are complying with the L-1 visa and other work visa requirements. While there have been more denials of visa applications for professionals and managers these visas are still being approved. The requirements for this type of visa are strict and must be met in order to qualify. It is vitally important that all forms submitted to US Immigration Service are accurate.
With the L-1 visa, this includes ensuring that your application or renewal is supported by federal immigration law. Having a seasoned immigration attorney to help you draft and submit your application or renewal can increase the likelihood that you will receive an approval.
A Meticulous L-1 Visa Application or Renewal Can Still Be Approved While there have been more denials of visa applications for professionals and managers these visas are still being approved. Consulate in Toronto. Related Posts. Video Information Center. EB-1 v.A study issued by the National Foundation For American Policy confirms what we attorneys who work in the trenches have feared most. It was already been assumed that an L-1B case for an Indian national will face much higher scrutiny, and one was always prepared to put in a lot more work into such a case, only to expect that the case could still be denied.
The L-1B visa allows the transfer of a specialized knowledge employee from an overseas entity to a related US entity. This visa should allow US companies to quickly transfer employees in order to remain globally competitive. The following table from the NFAP report comparing denial rates is very stark and speaks for itself:.
Immigration attorneys knew it in their bones that when they file an L-1B petition on behalf of an Indian national, however meritorious, it is likely to result in a Request for Evidence, and potentially a denial. USCIS examiners change the goal posts to the point that it has become frustratingly ridiculous. We now have the NFAP report to thank for confirming our worst fears. Take the example of a company that legitimately produces a software application for the financial industry.
It is a proprietary product of the company, and is branded as such. Over the years, the company has developed a loyal client base for this product.
The product is upgraded frequently. This is what the L-1B visa was designed for by Congress. Still, there is still going to be a likelihood of refusal of the L-1B visa for this Indian national employee. Even if the L-1B was previously approved, the renewal or extension request of L-1B status may fail. Citizenship and Immigration Services adjudicators are more likely to deny a case for an extension of L-1B status than an initial application. In the denial, USCIS acknowledged that the company had a proprietary product and that the employee had knowledge of its proprietary product.
Coca-Cola would be unable to bring in a worker with knowledge of its proprietary product because Pepsi provides a similar service. Another justification is that the L-1B visa, like the H-1B visa, is used to facilitate outsourcing. In other words, US workers are replaced by L-1B visa workers who are paid less, and the jobs eventually get transferred to India. One can understand the concern about US workers being replaced by foreign workers, but this does not explain why a company which has a proprietary product that is sold to US financial services clients should get adversely impacted with an arbitrary denial of its L-1B visa application for a specialized knowledge employee.
Moreover, even if an Indian heritage IT firm, accused of outsourcing, wishes to bring in L-1B specialized knowledge employees, it is incumbent upon the USCIS to still meritoriously and objectively determine whether they qualify under the specialized knowledge criteria for the L-1B visa.
As explained in a prior blogthe success of the Indian IT global model has led to a backlash in the same way that Japanese car makers were viewed in the late s. There is no doubt that corporations in the US and the western world rely on Indian IT, which keeps them competitive.
What has gone unnoticed is the fact that the ability of American companies to maintain their competitive edge has been due in no small measure, to the very Indian IT global model that the US government now seeks to destroy.
Indians are already disadvantaged in the US immigration system. As a result of the per country limits in the employment-based EB preferences, those born in India have to wait much longer for their green cards than others. In fact, Indian born beneficiaries of EB third preference I petitions may need to wait decades before they can apply for green cards. Then, Indian three year degrees, and even other qualifications on top of the degree, do not get the same level of recognition than degrees from other countries.
As a result, many who could qualify for the EB-2 now have to wait for a lifetime in the EB-3 for their green cards while their children age out, and may not be able to derivatively get the green card with their parents. It is even becoming harder to obtain an equivalency based on a three year degree.
The latest revelation that the L-1B refusal rates for Indians is the highest, despite the fact that the claim is meritorious and the denial often happens at the renewal stage after it was previously approvedonly leads to one conclusion.
It is discrimination. A mindset has crept into the system that L-1B visa applicants from India are undesirable, and ways are then found to deny the application.
The NFAP report is a wakeup call for fair minded people to question such discriminatory practices and to work towards a more just immigration system for people from all countries. Your email address will not be published. This site uses Akismet to reduce spam. Learn how your comment data is processed.
Some will justify that since there are more L-1B visa applicants from India, the refusal rate will be proportionately higher. Another argument is that the L-1B visa is seen as a way to get around the H-1B annual cap, and again, since there are more Indian nationals applying for the H-1B visa who did not qualify, it is okay to get tough on their L-1B visa applications.However, in January he had a glimpse of what his citizens often go through, when he had to cancel a visit to the United States the authorities of the latter refused to issue him a visato attend events in Iowa organized by the National Guard.
Kosovo is the only country in the Balkan that has been denied visa liberalization by the EU countries so far. Kosovo passport holders can visit only a few countries without a visa and is listed among the least powerful passports of the world.
This is why the US Embassy in Belgrade refused to issue a visa to Serbian General Ljubisa Dikovic in Januarywho was scheduled to take part in a counterterrorism conference in Washington, since October Despite the fact that Serbian human rights groups have accused Dikovic of such crimes, he has never been tried or convicted of the alleged crimes.
In October Gen. Ljubisa Dikovic alongside Gen. To Israeli singer Amir Benayoun it was only a song dedicated to the US president he did not fancy and did not agree with his politics, but the US authorities might have taken it closer to the heart, making the former pay with his visa.
It seems like there are US State Department officials, including many who work at the embassy in Tel Aviv, who still hold a grudge at Benayoun for insulting their former beloved president. To many he will definitely go down in history as one of the greatest football legends, to the US authorities he is still a convicted drug user whose visa has been revoked and refused at the end of the last century. Or maybe the reason why the former football player Diego Maradona has failed to obtain a US visa in January this year, is even simpler than that.
Timerman, found out on January 9, that the US had revoked his visa because of the accusations against him for colluding with the Iranian regime to discharge Tehran of its responsibility for the bombing of a Jewish center in the Argentine capital Buenos Aires in The year-old former minister who alongside several senior Argentine officials, among whom the former President Cristina Fernandez de Kirchne, have been indicted on December 7, last year by a federal judge to face possible treason charges over a pact with Iran which later was declared as unconstitutional.
However, on Wednesday, February 7 the Argentine Foreign Ministry announced the US State Department had agreed to issue a visa to Timerman on humanitarian grounds so that he will be able to travel to New York to continue undergoing his cancer treatment.
Popular Spanish singer Isabel Pantoja might have thought that she had paid the price of her crime when she was finished her probation on Octoberafter serving in prison for almost two years as a convict for money laundering.
But it seems like the US do not wish to deal with people with delinquent background anymore, even if they are rich and famous. The singer, who was scheduled to perform in Miami on February 11, was refused her visa application from the US authorities.
Last Updated on August 3, Share Tweet LinkedIn Email. Related Posts. Facebook Twitter LinkedIn Email.Forgot your password? By shri87November 20, in L-1 : General. My employer had applied for L1 blanket visa on March which got rejected due to " L1 application is not clearly approvable under section 8 CFR Post which my employer filled L1B individual under premium processing in the same year.
If reasons for rejection is due to you or employer's credentials any number of petition if filed will be rejected. If you have a minimum of 4 years bschelor's degree related to H1B profession then you are eligible. I just want to add up that with the same petition number two my colleague got approval for L1B Blanket. The only difference between us was experience. They had more than 8 years of experience with my current employer.
When I had applied first time for L1B Blanket my experience was 2. I am not sure but I feel that was one of the point for my rejection was less experience. Shall my employer go for L1B blanket or Individual. Also just want to check on eligibility criteria for H1B as I have 3 years bachelor degree and total 8.
If you have a bachelor's degree 3 years and 8. You need to be a member in order to leave a comment. Sign up for a new account in our community. It's easy! Already have an account? Sign in here. All posts are moderated, so it will take time for your post to appear! Search In. Recommended Posts. Report post. Posted November 20, I had total 7.
Now my employer is planning to apply L1B Blanket with same petition number next year. Awaiting for your valuable reply. Share this post Link to post. Posted November 21, It has become more and more difficult to obtain L1 visas. Indian and Chinese nationals are unable to come under the E2 visa and E1 visa scheme.
Therefore in many cases the only option left is the L1 visa. Some analysts have mostly attributed the continued decline in L1A and L1B visa approvals to incorrect documentation submitted by US visa applicants.
However, in reality it is very difficult to know for sure how to meet the requirements for the L1 visa category. The US L1 visa is most commonly used by tech firms - mainly Indian companies with operations based in America — to transfer employees to the US from other countries. The L1 visa category is also used by small businesses to establish a company in the US.
Analysts indicate that on most occasions L1A and L1B visa rejections can be attributed to compliance issues, including a failure to provide the right certifications or other necessary documents needed as part of an application. In the past, the rejection of L1 visas was rare. However, since the Trump administration introduced procedures increasing the scrutiny of US visa applications, which seem to focus on minor details and disregard the bigger picture, L1A and L1B visa rejections have soared.
Despite the slight rise, the However, under the Trump administration, H1B visa applications have been subject to heavier scrutiny with a greater number of requests for evidence RFEs and higher rejection rates. Despite the need to provide additional documentation, the number of successful visa applications is considerably lower than in the past. In We have in-house US qualified lawyers.
We can help with a wide range of visa applications to your country of choice. Sanwar Ali comment: It has become more and more difficult to obtain L1 visas. L1 visa commonly used by tech firms The US L1 visa is most commonly used by tech firms - mainly Indian companies with operations based in America — to transfer employees to the US from other countries.
Comments 0. Sanwar Ali comment: Indian companies and Indian nationals have found it more difficult to obtain US work visas since Trump came to power. It is therefore not surprising that more Indians worried Sanwar Ali comment: Trump and Kenneth T. Cuccinelli II, the acting director of U. Citizenship and Immigration Services have been working hard to think of ways to make like difficult for both Read our Coronavirus Update 25 March Leave this field blank.
Click the "allow" button if you want to receive important news and updates from workpermit.If you have received a Request for Further Information RFE for your L1B visa application, you may be considering your options to respond and what this means for your prospects of success. Put simply, it means the officer wants more information to be able to make their decision. It should be seen as an opportunity to supplement the initial submission and help sway the outcome in your favor.
Petitioners must be absolutely clear and convincing in their application that they qualify under all of the visa requirements. This includes showing that the role could not be performed by a US resident worker. By issuing L1B RFE, the adjudicating officer is signalling that they do not have sufficient information or evidence to make a final decision on the application.
The RFE is then issued to the applicant requesting additional evidence and documentation be compiled and submitted within a prescribed timeframe. Against the backdrop of protectionist US immigration policies, L visa petitions are facing heightened adjudicator scrutiny. Cases that would have been approved previously certainly prior to the Trump Administration are now being subject to RFEs and an increased visa denial rate. The L1B scheme for intracompany transfers of specialized workers in particular is seeing increasing numbers of RFE s being issued to applicants, as authorities seek to determine whether a US resident worker could instead perform the work in question.
The challenge in securing an L1B is further compounded by changes in the requirement threshold, and L1B extensions which had been comfortably approved at the initial application stage are now potentially falling short at the extension stage. For employers, this has created uncertainty when looking at HR and talent mobility and development programs.
Employees see diminished opportunities for enriched experience and potential career progression resulting from temporary assignments in the USA. It will also specify the deadline to submit your response. Failure to respond to the RFE by the deadline will result in determination of the case based on the information provided with the initial application. Prospects of success will be improved where the employer and the employee alike are fully engaged with the application and provide the necessary information in full and on time.
A lack of clarity is creates significant uncertainty for employers and employees alike when compiling the submission, and is also resulting in USCIS increasingly reliant on RFEs to request more information from petitioners to evidence eligibility under the requirements of the visa classification.
The application must show the employee qualifies with knowledge deemed either special or advanced.
These have specific meanings under the L1B route. USCIS uses a number of factors when evaluating the specialized knowledge test. This is inherently challenging part of the process as adjudicators are unlikely to possess already knowledge or insight into the market or organization that will equip them to make a decision. They must as such be convinced that the threshold has been met. Make no assumptions and take a granular approach to your evidence by breaking the knowledge aspects down into component parts.
Your application has to satisfy the adjudicator of the existence of a qualifying, bona fide relationship between the foreign company and the US office, branch or affiliate. Where there have been recent changes in company structure, ownership or location, discrepancies may present which USCIS seek to be clarified with an RFE.
Applicants are advised to take an objective perspective to the L1B petitions. While it may be obvious within the organization that the individual employee is critical to the US operation and possess the necessary knowledge, this must be adequately evidenced to USCIS or the petition becomes at risk of delayed processing via an RFE. This article does not constitute direct legal advice and is for informational purposes only.
US brings in new norm on L-1 visa, provides leeway
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