Getting Employment-Based Visas is Becoming More Difficult

October 6, 2019 § Leave a comment

The importance of global connectivity in current job markets is growing rapidly. Employers can now hire their staff from all over the world, expanding their specializations and talent. However, American employers have been having a hard time getting visas approved for their new hires. When employers experience these hardships, they consider relocating their company to a different country. Not only does this affect the company, but it takes away American jobs.

The difficulty in obtaining a visa for an employee is caused by what the government expects of visa applicants and what is legally required of visa applicants. When an employer files a visa on behalf of their employees, the burden of proof (of eligibility) lies on the employer, not the government. Legally, the employer’s claim must meet the standard of being “more likely than not” to be true, which is also referred to as being true “by a preponderance of the evidence”.

Due to increasingly difficult circumstances to get visa approvals, it appears that the government’s expectations of the employers have raised to prove the claim is true “beyond a reasonable doubt,” which is by no means equal to “by a preponderance of evidence.” The unspoken standard has made it nearly impossible for employers to create an application that matches the potential that United States Citizenship and Immigration Services (USCIS) is looking for.

L-1 visas are particularly difficult to get approved. L-1 visas are reserved for specialized individuals working in management or executive positions that are transferring roles within a company in the United States. The rules of L-1 visa approvals state that the applicant must prove that each employee they supervise is a “professionals,” which means they have a degree. They must also provide very detailed job descriptions and qualifications to prove that their position is either in a management or executive role.

If you consider Steve Jobs or Henry Ford, you’ll be able to acknowledge that they were very successful executives that made an effort to stay in contact with the hands-on aspect of their work. If they were applying for L-1 visas today, it’s likely they would not get approved because their responsibilities in their executive roles did not fit the USCIS description.

Lawmakers and USCIS employees don’t realize that they are pushing away hard-working employees and reliable American companies. Companies and employees are relocating and finding fits that make their line of work easier to be productive in. Visa reform is crucial in keeping jobs in the United States.

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