INSZoom Immigration Conference 2019 | Buy American Hire American!- The Underlying Truth! | Anindita Chowdhury

1. INSZOOM IMMIGRATION
CONFERENCE 2019
INSZOOM IMMIGRATION
CONFERENCE 2019
November 5-6, 2019 ITC Gardenia, Bengaluru |#INSZoomIIC2019

2. INSZOOM IMMIGRATION
CONFERENCE 2019
The underlying truth!

3. INSZOOM IMMIGRATION
CONFERENCE 2019
Presidential Executive Order
on Buy American and Hire
American
The Stated Goals of the Executive Order Pertain to
Immigration:
• “Rigorously enforce and administer the laws governing
entry into the United States of workers from abroad,
including section 212(a)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(5))”
• “To protect the interests of United States workers in the
administration of our immigration system, including
through the prevention of fraud or abuse.”
• “Reforms to help ensure that H-1B visas are awarded to
the most-skilled or highest-paid petition beneficiaries.”

4. INSZOOM IMMIGRATION
CONFERENCE 2019
Keys Aspects of Order
• Employment Eligibility
o Encourages all U.S. employers to verify the
employment eligibility
• Enhancing Fraud Detection and Prevention
o H-1B: Combating Fraud and Abuse in the H-1B Visa
Program
• Data Transparency and Reports
• New Policy Guidance
o Guidance on ACWIA Fee
o Initial and extension petition to receive same scrutiny
o 3rd Party worksite requirements
o Relationship between entities for L-1 visas
o One Year foreign employment requirement for L-1 visas
o H-1B Cap selection process to improve chances for
U.S. Master’s Cap

5. INSZOOM IMMIGRATION
CONFERENCE 2019
Trends
• Denial rates for new H-1B petitions up from 6% in FY
2015 to 32% in the first quarter of FY 2019 (National
Foundation for American Policy)
• Up to 40.2% of H-1B cases RFE’d
• Increase in site visits
• Increase in 221(g)s
• Freedom of Information Act (FOIA) lawsuit filed by
USCIS shows directions to adjudicators to restrict H-1B
approvals and issue more RFEs (Forbes)
• Positive Side – a record number of 389,000 H-1B cases
were approved

6. INSZOOM IMMIGRATION
CONFERENCE 2019
Underlying Truth
• It is much more difficult to get cases approved
• But well-prepared cases are mostly getting
approved
• The intention of the current U.S. government
according to USCIS Acting Director Ken
Cuccinelli is: “(i)n the coming year, (to)
continue to use every tool available to us to
deliver on President Trump’s promises to the
American people.”

7. INSZOOM IMMIGRATION
CONFERENCE 2019
USILAW 2019 Statistics
2019 All H-
1B Cases
98.6%
Approvals
Top Indian
IT Company
84% H-1B
Approved
Without
RFE
EB1 (c)
Petitions
100%
Approval
98%
Without
RFE
L1A Visas
96.9%
Approvals
As a Point of Reference

8. INSZOOM IMMIGRATION
CONFERENCE 2019
Buy American Hire American
Regulations
• Clarification On How To Calculate The American
Competitiveness And Workforce Improvement Act
Of 1998 (ACWIA) Fee [PM-602-0147]
• Initial And Extension Petition To Receive Same
Scrutiny
o Default policy of deference rescinded [PM-602-
0151]
o USCIS can look at “material error in previous
adjudications”
• 3rd Party worksite requirements
o Tightened the documentary requirements for 3rd
party placements
o “Petitioner must demonstrate … specific and non-
speculative qualifying assignments in a specialty
occupation … for the entire time requested...”

9. INSZOOM IMMIGRATION
CONFERENCE 2019
… Contd. Buy American Hire
American Regs
• Relationship Between Entities For L-1 Visas [PM-
602-0155]
o Essential control (through proxy votes) should be
irrevocable to qualify
• One Year foreign employment requirement for L-1
visas [PM-602-0167]
o L-1 beneficiary employed abroad for 1 continuous
year out of the 3 years before petition filing
• H-1B Cap selection process to improve chances for
U.S. Master’s Cap [84 FR 888]
o Changes in the FY2020 Cap selection process to
ensure higher selection rates for U.S. Master’s
degree holders

10. INSZOOM IMMIGRATION
CONFERENCE 2019
Rumblings in Washington
D.C.
• Huge Demand for Skilled Workers
• President Trump Says He Wants to Orient
U.S. Immigration Policies to Support Skilled
Workers
• Administration Has Hinted at Removing Per
Country Limitations for Immigrant Visas
• Record Number of Employment Visas
Approved in 2019