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Challenges create delays for H-1B visa applicants

Some foreign nationals that are planning to come to Florida to work may find that their H-1B visas are delayed. Attorneys report that their clients are getting more requests for evidence, which are also known as challenges, than normal.

H-1B visas for foreign workers are capped at 65,000 each year. People who have advanced degrees from American universities are eligible for an additional 20,000 visas.

The Trump administration has made no secret of its intent to cut back on how many H-1B visas are issued. In April, the premium processing option for the visa that cut processing time down to weeks instead of taking up to six months was stopped. Premium processing returned in July, but Reuters obtained data that indicated the number of challenges from Jan. 1 to August 31, 2017, was up 45 percent compared to the same time period during the previous year. Attorneys say that many of the challenges are baseless. According to the associate director of government relations at the American Immigration Lawyers Association, these challenges can make the process take up to three months longer. Furthermore, it creates frustration for companies trying to hire employees and for the potential employees themselves.

People who are interested in getting an employment visa for the United States might want to talk to an attorney. A lawyer may be able to go over the criteria for eligibility and look at possible avenues that a person could use to immigrate. Securing an employment visa or another type of permission to work and reside in the country can be a long and complex process, and any errors may result in the delay of an application. Furthermore, immigration laws are in flux, and an attorney might be able to help a person stay apprised of any changes and how to deal with them.

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