New immigration policy makes it mandatory step to in-person interview on H-1 B Visa

A challenging task on hand for Indians working in the US, as it was announced on August 28 that before transitioning of H-1B to the green card will need in person interview before other legalities to be complete.

From October 1, USCIS (United States citizenship and immigration services) has made a mandatory task which in technical parlance refers to the I-485 adjustment of status. USCIS currently requires interviews for family based green card and naturalization (obtaining citizenship) processes. But most of the time it waives the interview requirement for the above category of applicants. While interviews for those transitioning from employment based visa status to green cards were standard a decade ago, waivers have been regularly granted since then Under new policy there will be no further waivers, this new process will lengthen the waiting time for green card applicants say sources from TOI.

Request for evidence (REF) being issued by USCIS another thing US immigration lawyer is seeing the increased inquiry. As it relates to petition filed on or about April 2017, for H-1B visas that will be valid from 1 October 2017.During 4years period till 2014, 2 lakh green card was allowed to H-1B visa holder.

Latest data available by USCIS which was analysed by TOI show that during 2015 as many as 34,843 Indians adjusted their temporary visa status and obtained a green card of this 25,179 were holding jobs in the US under H-1B category.
Rajiv.S.Khana managing attorney says there some spike inquiries coming for H-1B holders. Also, a new wrinkle in inquiries is that as USCIS had warned that they will not accept level -1 wages to be given H-1B cases easily.Level-1 wages are questioned almost uniformly. Now, level-1 is entry job level and level-4 that too goes for technical and leadership role. Accordingly, it was said software developer prescribed wages at level-1 is $88,733 which rises to $155,147 annually level-4. Clarifyingly Khanna says it is USCIS position that Level-1 salary indicates a non-professional position that does not require a specific college degree and is not a job that would be inappropriate for an H-1B visa. Same interesting part over here is that often in situation level-1 is indeed appropriate level even largest consulting firms in the US do send out entry level professional for assignment.

With around 2.47 lakh application Indians are top H-1B visa applicant till July.NPZ law group has seen a sharp hike in REF by 55% to 65% as compared to past number.

Although question that continues to arise in REF is to prove that position taken by H-1B applicant will be in a specialty occupation. The new debate question is why level-1 wage has been chosen if the position is specialty position calling it for a complex set of duties. Now controversy arise if it complex task position then why is lower salary being assigned and categories it as a level-1 job?

It seems more of loss to the employer (mid tier companies) that had designated level-1 even for more experienced visa applicant considering administration cost.