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USCIS Is Denying More Employment-Related Immigration Filings This Year

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https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/uscis-denying-employment-immigration-filings-2018.aspx

 
Roy Maurer By Roy MaurerDecember 6, 2018
 

U.S. Citizenship and Immigration Services (USCIS) data show that the Trump administration's restrictive approach to employment-based immigration has resulted in a spike in denials of visa petitions and work authorization applications.

"The data for the first nine months of fiscal year (FY) 2018, which started in October 2017, show that denials for all manner of immigration benefits—travel documents, work permits, green cards, worker petitions, etc.—increased 37 percent since FY 2016," said David Bier, an immigration policy analyst at the Cato Institute, a think tank in Washington, D.C.

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23 minutes ago, refugee said:

https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/uscis-denying-employment-immigration-filings-2018.aspx

 
Roy Maurer By Roy MaurerDecember 6, 2018
 

U.S. Citizenship and Immigration Services (USCIS) data show that the Trump administration's restrictive approach to employment-based immigration has resulted in a spike in denials of visa petitions and work authorization applications.

"The data for the first nine months of fiscal year (FY) 2018, which started in October 2017, show that denials for all manner of immigration benefits—travel documents, work permits, green cards, worker petitions, etc.—increased 37 percent since FY 2016," said David Bier, an immigration policy analyst at the Cato Institute, a think tank in Washington, D.C.

This does not surprise me at all.and actually it is a good thing overall. Now instead of going through loopholes to hire 3rd country nationals they are hiring Americans now or actually keeping Americans on the payroll.

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I live in North Dallas area where it is heavy IT.

 

I have had two buddies in he IT industry with over 25 plus years just get canned (make too much money for the position) and replaced.  We have tons and tons of immigrants from India area coming here in droves for IT jobs, and they pay them a cheaper wage vs American Workers

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The headline of this article is a little misleading.  It seems to say the story is about employment based visas, but then it mentions a drop in all manners of immigration benefits.  Based on the the State Department data, the issueance of visas is fairly steady for the past five fiscal years, but it does not show the number of applications, so it does not show if denials have increased.

 

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport-TableII.pdf


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1 hour ago, Bill & Katya said:

The headline of this article is a little misleading.  It seems to say the story is about employment based visas, but then it mentions a drop in all manners of immigration benefits.  Based on the the State Department data, the issueance of visas is fairly steady for the past five fiscal years, but it does not show the number of applications, so it does not show if denials have increased.

 

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport-TableII.pdf

I think the author is depending on data from the Cato institute:

 

"The data for the first nine months of fiscal year (FY) 2018, which started in October 2017, show that denials for all manner of immigration benefits—travel documents, work permits, green cards, worker petitions, etc.—increased 37 percent since FY 2016," said David Bier, an immigration policy analyst at the Cato Institute, a think tank in Washington, D.C.

 

I disagree that the article title is misleading.  It is based on a fairly reliable analysts estimated. It may be that applications have increased creating more denials, but from the standpoint of this author supporting businesses trying to get visas the impact is real to their goals and bottom lines.

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1 hour ago, Chris Duffy said:

I live in North Dallas area where it is heavy IT.

 

I have had two buddies in he IT industry with over 25 plus years just get canned (make too much money for the position) and replaced.  We have tons and tons of immigrants from India area coming here in droves for IT jobs, and they pay them a cheaper wage vs American Workers

 

  Not legally they don't. They should go after the crappy employers if they do this.


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2 hours ago, Cyberfx1024 said:

This does not surprise me at all.and actually it is a good thing overall. Now instead of going through loopholes to hire 3rd country nationals they are hiring Americans now or actually keeping Americans on the payroll.

 

  That's one possibility. I don't think it is the actual issue we are looking at right now. The country is not short on jobs ATM. There are openings every where in many fields that employers can't even fill. Another option companies will start using again is just outsourcing the job itself overseas. The IT field lend's itself to this anyway. None of our IT people are onsite anymore. They don't need to be, and no one really notices.

 

  The bigger problem all around is that the mentality of many employers hasn't changed a whole lot from 5 years ago. You could get away with treating employees like ####### during a recession when there is no where else to go, but it's not like that right now. Employers who are slow with changing compensation and benefits packages to keep up are finding out the hard way. 


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17 minutes ago, refugee said:

I think the author is depending on data from the Cato institute:

 

"The data for the first nine months of fiscal year (FY) 2018, which started in October 2017, show that denials for all manner of immigration benefits—travel documents, work permits, green cards, worker petitions, etc.—increased 37 percent since FY 2016," said David Bier, an immigration policy analyst at the Cato Institute, a think tank in Washington, D.C.

 

I disagree that the article title is misleading.  It is based on a fairly reliable analysts estimated. It may be that applications have increased creating more denials, but from the standpoint of this author supporting businesses trying to get visas the impact is real to their goals and bottom lines.

 

    To some extent, it's a reflection of the presidency. My first encounter with US immigration was during the Clinton presidency. The attitude of immigration often changes depending on the presidents overall policies and attitude towards immigration. 

 

   If I was still going through the immigration process right now, I would understand the reality of that. It doesn't change clear cut applications. If a decision is 50:50 though, chances are more likely it is not going to go in the immigrants favor at this time. 


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44 minutes ago, Steeleballz said:

 

    To some extent, it's a reflection of the presidency. My first encounter with US immigration was during the Clinton presidency. The attitude of immigration often changes depending on the presidents overall policies and attitude towards immigration. 

 

   If I was still going through the immigration process right now, I would understand the reality of that. It doesn't change clear cut applications. If a decision is 50:50 though, chances are more likely it is not going to go in the immigrants favor at this time. 

I think you are onto a  thread here.  My opinion is that the conditions are driving the voting and rhetoric to be more anti-immigrant.

Immigration globally is increasing.  US, Canada and Europe have been disrupted by globalization, the shift to new forms of work and industry and an influx of refugees and immigration from nations with war, poverty and famine.

 

All in all it really is remarkable that the backlash and vitriol we see coming from some quarters has not been higher.  I found these numbers from the Atlantic interesting, and the opposite of what I assumed ( and contradicting my opinion above)

 

https://www.theatlantic.com/politics/archive/2018/02/why-immigration-divides/552125/

 

  • The share of Americans calling for lower levels of immigration has fallen from a high of 65 percent in the mid-1990s to just 35 percent, near its record low.

  • A 2017 Gallup poll found that fears that immigrants bring crime, take jobs from native-born families, or damage the budget and overall economy are all at all-time lows.

  • In the same poll, the percentage of Americans saying immigrants “mostly help” the economy reached its highest point since Gallup began asking the question in 1993.

  • A Pew Research poll asking if immigrants “strengthen [the] country with their hard work and talents” similarly found affirmative responses at an all-time high.

Edited by refugee

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Even with the reduction in approvals, the US has more legal immigrants each year than any other nation.  Less is probanly a good thing, especially for people on the edge of approval.  I have seen right here on VJ where people have gotten approved at the 125% of the poverty level point.  Which I think is FAR too low of a bar for the sponsor of any immigrant.

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2 hours ago, Steeleballz said:

 

  Not legally they don't. They should go after the crappy employers if they do this.

Who cares about legality?  It's against the law to employ illegal immigrants,  yet there are millions employed.  

 

And yes, I have seen where a higher-paying employee was let go, and replaced with someone making far less on a work Visa.  Cannot speak to how often it happens, but happen it does.   I'm sure many here who live in areas where illegal aliens abound would testify to it.

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12 minutes ago, Satisfied said:

Who cares about legality?  It's against the law to employ illegal immigrants,  yet there are millions employed.  

 

And yes, I have seen where a higher-paying employee was let go, and replaced with someone making far less on a work Visa.  Cannot speak to how often it happens, but happen it does.   I'm sure many here who live in areas where illegal aliens abound would testify to it.

 

  Why mix illegal aliens and H1B in the same conversation? It's two different discussions. The fact is when you hire any worker on a H1B, the salary information is given to USCIS as part of labor condition application process. So the employer is either paying a salary at a rate commensurate with the job, or they are changing the salary after the fact, which is illegal.

 

  Most of the illegal activity that occurs with the H1B is on the part of the employers. If the employer lets a higher paid older employee go and later hires an H1B at an entry level wage that is not illegal in and of itself. Secondary displacement is illegal though. You can not lay off a US worker and immediately hire an H1B to do the same job. I believe the time frame is 90 days before and after. It is also illegal to pay an H1B worker less than a US worker for doing the same job. When these things happen, It's the employers ethics you should be questioning. It's not illegal to pay an entry level worker at an entry rate if it's legitimate. 

 

  I've seen that happen  outside of the H1B process too. Every time we have had layoffs, older (higher paid) workers are often among  the ones let go and we keep the lower paid ones. When we are $100K over budget in December, competence is not always central to business decisions. The $5 an hour extra paid becomes the driving force behind the bottom line. Until six months down the road, when we hire new employees and pay $75K to train them. 


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10 hours ago, Chris Duffy said:

I live in North Dallas area where it is heavy IT.

 

I have had two buddies in he IT industry with over 25 plus years just get canned (make too much money for the position) and replaced.  We have tons and tons of immigrants from India area coming here in droves for IT jobs, and they pay them a cheaper wage vs American Workers

Won't they just outsource to India, or raise prices?  


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6 minutes ago, Póg mo said:

Won't they just outsource to India, or raise prices?  

A fair amount of times that is what happens or they bring in H1B workers to replace American workers, the Americans are forced to train the immigrant replacement. 

this is all well and good for at least 6 months to a year until there is a serious crisis or a lifecycle replacement needed. That is when the lack of experience takes it's toll on the company because the vast majority of H1b workers aren't worth the degree or very they have. 

 

I have seen this over and over from fellow IT workers who have shared their knowledge with me.

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