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Employment Based Visas Harder to Come by for Tech Workers

Despite stricter immigration policies in the last couple of years, major tech companies have continued to hire foreign tech workers. Demand for international workers remained high, and 80 percent of employers surveyed expected their headcount of foreign workers to either stay the same, or increase, even as employment based visa become more difficult to come by.

California residents may know that H-1B visas are high-skilled work visas. American companies who claim they are in need of specialized labor that is not available in the country back those who receive this category of visa. Generally, this includes a lot of tech workers. American companies state that they hiring international labor because of a lack of pertinent science education in the country-the number of STEM job openings is more than the number of unemployed STEM workers, according to research.

Immigration data shows that America is issuing fewer visas of this category than in previous years. Changes in the law have also made the process of sourcing tech workers more difficult, increasing the cost of hiring them even more. Additional paperwork has been required for a majority of cases, which is twice the number it was required of two years ago.

While companies complain that immigration laws should not have changed so suddenly, it is important for those stuck with temporary work visas to understand how more about their legal status and how they can continue to work in the U.S. without putting their livelihood at risk. For more on employment based visas, it might be helpful to speak to an experienced attorney.

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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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