Posted on February 20 2012
WASHINGTON: Voicing concern over increasing rates of denial of H-1B and L1 work visas, that are popular among Indian professionals, top US lawmakers and corporate bigwigs have questioned the Obama administration over the issue, warning this would hurt American business interests.
Officials at a Congressional hearing cited last year's figure of 26 per cent denial to H1B visa applicants, that was the highest in recent years, and also pointed out instances where the visas were denied for flimsy reasons.
Elton Gallegly, chair of the Immigration Policy and Enforcement Subcommittee of the House Judiciary Committee, said figures obtained from US Citizenship and Immigration Services show a rise in denial in certain categories of visas between the years of 2008 and 2010.
Gallegly said many in the business community are concerned that their petitions for foreign workers are being denied and they are being required to answer excessive requests for additional evidence, known as RFEs.
"But why did denial and free rates go up? And it very well could be because of the statutory changes that were implemented and major decisions that were issued," he said.
Ranking member, Zoe Lofgren said latest figures show there has been a sizable increase in denial rates for key businesses visas and in some categories, the denial on RFE rates has increased by 300 to 500 per cent during the Obama administration.
The Congresswomen said that in many cases the denial was not justified.
"I had a recent case in which the USCIS denied an employment-based petition because the adjudicator determined that the company only had USD 15,000 in annual revenues and, therefore, couldn't possibly pay the worker.
"It turned out, however, that the adjudicator had failed to note that the figures were listed in thousands. It was actually USD 15 million in revenue," she said.
Lofgren also cited instances when an applicant was denied visa due to a bureaucratic mistake.
"If you take a look at the H-1B denial rates... in the year 2004, the denial rate was 11 per cent on H-1Bs. In the year 2011 it's 17. When you take a look at the request for evidence rates, in 2004 it was 4 per cent. In 2011, it was 26 per cent. I mean, that's a big jump," she said.
"In the L-1B request for evidence rates it was two per cent in 2004; 63 per cent in 2011. So you're really ramping up the evidentiary standards in the inquiry. Certainly we don't want fraud, but there is a price to pay as well if it's a legitimate effort and it's delayed unduly," the Congresswoman said.
While H-1B visa is to allow American employers to temporarily employ high skilled foreign workers, L1 visa is another non-immigrant visa, that allows foreign employees of a US firm to relocate to its US headquarters temporarily after having worked abroad for the company.
Responding to questions, USCIS Director Alejandro Mayorkas said the agency is approving the case that should be approved, and denying the cases that should be denied.
In a written submission before the Congressional Committee, the American Immigration Lawyer Association (AILA) said there has been high denial rate in certain categories of visas.
In case of L-1B petitions, the denial rate jumped from seven per cent in 2007 to 27 per cent in 2011.
Furthermore, there has been a huge increase in "Requests for Evidence" (RFEs) used by adjudicators to obtain more information in lieu of making a decision on a petition based on the evidence presented.
RFEs in the L-1B category jumped from 17 per cent in 2007 to 63 per cent in 2011, it said.
"These changes in approval rates have taken place without any change in the applicable statutes, regulations, or policy guidance," the letter said.
Observing that standards that adjudicators apply to these petitions are not clear to those submitting petitions, and are often not traceable to any current provision of statute or regulation, the AILA said that unpredictability is extremely detrimental to businesses, especially new businesses that are investing significant time and resources in the kinds of start-up operations that create jobs for Americans.
"If a business submits the documentation set out in the regulations, an RFE is likely to ensue asking for additional documentation not contemplated by the regulations, any other guidance or currently-valid precedent.
"And, because the additional evidence requested is beyond that required by regulations and controlling policy, petitions for individuals whose activities ultimately create additional jobs are being unlawfully denied in increasing numbers," it said.
In its written testimony before the committee, the US Chamber of Commerce companies have observed erosion over the last several years in the consistency and fairness of L-1B decision-making, a trend that companies started noting pre-dating the tenure of the current USCIS Director.
"Companies now believe that the definition of qualifying specialised knowledge has been severely and inappropriately narrowed, in ways not contemplated by the controlling statute or regulations," USCIS said.
Tags:
AILA
American Immigration Lawyer Association
Congressional Committee
denial of H-1B and L1 work visas
Immigration Policy and Enforcement Subcommittee
US Chamber of Commerce
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How many types of work passes are there in Singapore?
Foreign nationals looking to work in Singapore must have a valid employment pass or a work visa. Singapore work visas, also known as work passes, allow foreigners to reside and work in the country throughout the work permit duration. Singapore boasts a growing economy, offering competitive salaries with low tax rates. The country has around 24,100 job vacancies with an average salary of $60,840 to $70,000. Singapore offers different work passes for various categories of foreign workers, such as Singapore work visas for professionals, work visas for Skilled and semi-skilled workers, Trainees and students, Family members, work options for those on a visit pass, etc.
*Want to apply for a Singapore work visa? Let Y-Axis guide you with the process.
Singapore has different work visa categories for different skilled foreign workers.
Here is the list of Singapore work visa categories:
You can refer to the below table for complete details of the Singapore work passes:
Singapore Work Visa for Professionals
Pass type |
Who can apply? |
Employment Pass |
Foreign managers, executives, and professionals. |
They should be earning a minimum of $5,000 per month. |
|
They should clear the (COMPASS) Complementarity Assessment Framework. |
|
EntrePass |
Foreign entrepreneurs looking to manage and set up a business in Singapore. |
The business must have innovative technologies and be venture-backed. |
|
Personalised Employment Pass |
EP Pass holders with high salaries or foreign professionals from overseas. |
Overseas Networks & Expertise Pass |
Individuals from arts and culture, business, sports, research, and academia. |
Singapore Work Visa for Skilled and Semi-Skilled Workers
Pass type |
Who can apply? |
S Pass |
Skilled workers earning with a minimum monthly salary of at least $3,150. |
Work Permit for migrant worker |
Skilled and semi-skilled migrant workers from the construction, marine shipyard, manufacturing, and process sectors. |
Work Permit for migrant domestic worker |
Migrant domestic workers who wish to work in Singapore. |
Work Permit for confinement nanny |
Confinement nannies from Malaysia that are looking to work in Singapore for a maximum of 16 weeks starting from the date of the child's birth. |
Singapore Work Visa for Trainees and students
Pass type |
Who can apply? |
Training Employment Pass |
Foreign workers taking practical training and must earn at least $3,000 monthly. |
Work Holiday Pass (under Work Holiday Programme) |
For students & graduates between the ages of 18-25 who are looking to work and holiday for 6 months in Singapore |
Work Holiday Pass (under Work and Holiday Visa Programmes) |
For New Zealand & Australian students and graduates between 18-30 who are looking to work and holiday for 12 months in Singapore |
Training Work Permit |
Semi-skilled students or foreigners taking practical training in Singapore for up to 6 months. |
Singapore work visa for Family members
Pass type |
Who can apply? |
Dependant's Pass |
Spouses and children of qualifying S pass holders and Employment pass holders. |
Long-Term Visit Pass |
Parents, common-law spouses/partners, step children of qualifying S pass holders, and Employment pass holders. |
Singapore work visa for individuals willing to work on a visit visa
Pass type |
Who can apply? |
Miscellaneous Work Pass |
Foreign workers, journalists, religious workers on taking up a short work-related assignment in Singapore for upto 60 days. |
Work Pass Exempt Activities |
Individuals looking to participate in eligible short-term activities without a work pass. |
Work pass exemption for foreign students |
Foreign students who are studying full-time at approved institutions and schools in Singapore. |
Work passes for holders of Long-Term Visit Passes issued by ICA |
Foreigners who are married to a Singaporean PR holder or parents accompanying a child who is studying in Singapore. |
*Are you looking for step-by-step assistance with Singapore Immigration? Contact Y-Axis, the world’s No. 1 overseas immigration consultancy, for end-to-end assistance!
What are the requirements for Indian students to study in Canada?
Canada is one of the top study abroad destinations and the main requirements to study in Canada include a valid Canadian study permit and a letter of acceptance from a Canadian university. The other requirements includes the criteria specified by the Canadian universities you want to apply for. Canada is famous for its world-class education system and recognized universities, including 31 global QS-ranking institutes. There are more than 8000 recognized universities and more than 16,000 university programs.
*Want to study in Canada? Y-Axis is here to help you with all the necessary requirements.
The following are the documents required to get admission to study in Canada:
Note: The Canadian government has announced to end the expedited study permit processing of SDS which was launched in 2020.
The following are the documents required to apply for a Canada student visa:
The following are the steps to apply for a Canada Student visa:
Step 1: Get a letter of acceptance from a recognized university
Step 2: Apply online at the CIC website for the visa
Step 3: Collect all the necessary documents
Step 4: Submit the visa application with the necessary documents
Step 5: Pay the visa application fee
Step 6: Wait for your visa approval
Step 7: Fly to Canada
*Are you looking for step-by-step assistance with Canadian immigration? Contact Y-Axis, the world’s No.1 overseas immigration consultancy, for end-to-end support!