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Climbing Costs and More Scrutiny for New Jersey H-1B Visas Chill Filings for Temporary Workers

| May 23, 2011 | Indian Americans/Hindu, Work Permits |

An article in The Economic Times recently reported that higher costs and increased government scrutiny have lowered applications for H-1B visas, which are temporary work visas for skilled professionals.H-1B visas are especially popular among highly skilled workers in technology companies. They allow foreign nationals to work in the country legally for up to three years, after which they can apply for an extension up to another three years. In the article, an Indian man worked for an IT services company in New Jersey, where many H-1B dependent companies happen to be based. When he returned to India to apply for an H-1B stamp in his passport, his visa application was denied because his employer wasn’t able to furnish sufficient proof of qualifying employment, even though he had worked in the US for the past three years.Unfortunately, this is a very common situation now, especially for our Indian clients, who are being asked by the consulate in Mumbai to provide “client letters” for their H1Bs. Every month, I receive a visit from a concerned spouse whose husband’s H1B application is being held up due to a consular officer’s decision to demand more documents. Meanwhile, his family is stranded here in the US and his job stands in jeopardy due to his absence. In situations like these, it might be beneficial to consult with a New Jersey immigration attorney to correspond with the consulate and get to the root of the problem. Sources in the article speculate that small businesses, especially those in IT consulting and manpower supplying business, are the ones most affected by immigration’s frosty attitude now to H-1bs. There also seems to be a misplaced sentiment by politicians that Indian IT companies are flooding the U.S. market with cheap Indian labor. In 2010, Indian applicants comprised 65 percent of all H-1B visas issued worldwide, according to the article. Sadly, this is a very myopic perspective that fails to acknowledge that H-1Bs are specialty visas for educated professionals, not cheap laborers.Edison employment immigration representation and advocacy require extraordinary attention to detail, deadlines, and sensitivity to the ever changing landscape of laws, regulations, practices, and procedures. In consulting with the client, we carefully evaluate the employer’s eligibility, the client’s qualification for the position being sought and review the best of course of action. There are many types of temporary worker visas, and an H-1B visa may not necessarily be the most appropriate one. Let us help you determine what immigration options best meet your needs.The New Jersey immigration attorneys at Lee & Garasia, Attorneys at Law, help individuals throughout New Jersey, including Union, Monmouth, Middlesex, Essex and Bergen counties. Call 732-516-1717 for a confidential appointment to discuss your rights.

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