Employment-Based Immigration Denials Are Rising

If there is one thing that the Bay area’s tech industry leaders need it is a steady influx of talent to continue to innovate and succeed. However, it is becoming increasingly difficult to acquire the necessary talent from other countries due to the volatility in US immigration policy.

According to a report in Newsweek earlier this year, Indian immigrants with EB-2 visas are facing waiting times of around 150 years for green cards. Additionally, all employer-based visas are increasingly denied by immigration officials. While the wait time is eye-catching, it is the outright visa rejections that are a growing concern for employers.

What is an EB-2 Visa?

The EB-2 designation stands for “Employment-based immigration: second preference” and it applies to a wide range of people outside the US with skills that the companies need. This includes individuals with PhDs or other advanced degrees as well as people who meet at least 3 conditions such as:

10 years of experience in a single field

A professional license or certification

Significant achievements in a profession

class=”last-child”>A salary that implies expertise in a field

As well as any other evidence that proves experience or sought-after ability.

Why are they being denied?

As stated by the Society for Human Resources, the policy set by the “Buy American and Hire American executive order” is why applicants are facing denials for reasons that immigration experts have not seen before. Roles that had previously acted as evidence of experience for an EB-2 no longer carry the weight they once did.

What can companies do about it?

As with any issue in immigration law, changes happen quickly and it pays dividends to keep a watchful eye on the news and know what options are available. While the necessary documents can be hard to come by, creativity and experience in looking at immigration law can make a huge difference for your business’s future.

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Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

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