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ARTICLE · 09 APRIL 2018

Employers Must Plan Ahead To Mitigate H-1B Visa Processing Delays

The USCIS and U.S. consular officers are issuing more requests for further evidence (RFEs) and requests for further information (RFIs) in connection with these visa petitions.

United StatesImmigration

The Trump Administration has passed no new immigration legislation or regulation. However, the administration's stated focus on protecting the American worker, as articulated in its 2017 Buy American and Hire American Executive Order, has affected H-1B visa processing times to the detriment of employers seeking to either bring their best overseas talent to the United States, or to recruit qualified foreign nationals to work here. The bureaucratic slowdown is evident at the United States Citizenship and Immigration Services (USCIS) stateside, and at U.S. consulates that review work visa stamp applications overseas.

The USCIS and U.S. consular officers are issuing more requests for further evidence (RFEs) and requests for further information (RFIs) in connection with these visa petitions. In fact, USCIS statistics show that RFEs issued by the USCIS increased by 40 percent in the first three months of 2018. In some cases, the USCIS has taken to issuing two RFEs for the

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