The inconsistent policy of D. Trump, the President of the United States, publicly cancels the previous statement and the legislative initiative of his own administration to abolish the renewal of the H-1B visa for the period of consideration of the application for a green card, is troubling.
Let us remind you that even before his inauguration for the presidency, the current US president insisted on revising the system of issuing a green card, suggesting other conditions for the selection of candidates for its receipt. After being elected the Head of the White House, Donald Trump has repeatedly spoken out about such an intention that resulted in the corresponding Act, which was never considered.
The new system is supposed to be similar to the Canadian one, as a result of which the process would become competitive. Thus, the right to get a job and get a residence permit would mostly be obtained by foreign citizens who are more fluent in English, financially wealthy and possess skills necessary for the US economy.
Annually, a residence permit in the US is acquired by more than 1 million people, 50 thousand of whom in a result of a green card lottery. Changes in the system of issuing permits will reduce the number of people entering in 2 times.
The requirements of the current legislation provide for the issuance of the H-1B visa for 3 years, with the possibility of further extension for another 3 years. After the expiration of the above 6 years, the bearer is entitled to apply for the acquisition of permanent resident status.
The President’s Trump initiative is based on an accumulation of a huge number of people who want to draw up a green card; applications are considered for more than 10 years due to the annual quantitative criterion of permits existing in the United States for citizens of each country. The slogan of the initiative: «By American, hire American».
The ban on the H-1B work visa extension will pose a threat to the possibility of most highly qualified specialists in America to continue legal work after a 6-year period.
This initiative is more likely to disturb the interests of immigrants from China and India, the total number of which exceeds the limits established by the state. More than half of the total number of H-1B visas issued are Chinese and Indians. The majority of people from these countries work in the IT industry: Microsoft, Google, Apple, Facebook.
Obtaining the H-1B visa is a complicated procedure that requires confirmation of the author’s extraordinary abilities, as well as the collection of a huge number of documents. Employer submits an application for its receipt, provided it is possible to prove the significance of the proposed workplace in your company, the high professionalism of the applicant, the required level of salary.
On average, about half of the visas issued accounts for 4 states: California, New Jersey, Texas and New York, and employment of specialists in science, technology, and mathematics.
The Silicon Valley is thrown into confusion: 2/5 of the employees of enterprises are employed precisely according to the conditions of a working visa. The cancellation of its extension will lead to an outflow of highly qualified specialists, as well as to a decrease in the contribution to the US economy of their high-tech employers.
Simple society is also in confusion. Critics of the program report that thousands of low-paid employees from other countries receive the H-1B visas, leaving Americans out of work.
The current situation creates a huge number of obstacles, indeed, our company, successfully providing legal services to clients in different countries in the area of business formation, will eliminate your difficulties in preparing documents for obtaining the H-1B visa or offer an alternative way of moving to the USA.