H-1B Visa Applications Fall Again

On April 6th, the U.S. Citizenship and Immigration Service (USCIS) announced that the service had received enough petitions to reach the general H-1B and advanced degree cap for FY 2019. Five days later, on April 11th, USCIS announced the completion of the random computer generated selection for the congressionally mandated cap of 65,000 H-1B petitions and the 20,000 additionally master’s cap H-1B petitions. According to USCIS, this year the service received 190,098 H-1B petitions during the filing period, which began on April 2nd. Although the number may seem large, the reduced number of petitions from years prior represents a falling trend in H-1B petitions.

Some Causes of Downward Trend

In 2017, USCIS received 199,000 H-1B petitions, nearly 10,000 more filings than made this year. For the last two years, there has been a downward trend in H-1B petition filings. Although demand remains significantly higher than the supply of H-1B petitions allocated through the annual cap, the downward trend of petitions marks a change in attitude from many foreign high skilled workers.

Many contribute the downward trend in H-1B filings to the Trump Administration, and its general outlook on the H-1B visa program. Several policy changes following President Trump’s executive order, Buy American, Hire American, have made it difficult for both potential H-1B beneficiaries and current holders of H-1B visas. In compliance with the executive order, USCIS has launched initiatives like the “Combating Fraud and Abuse in the H-1B Visa Program.” From the program, the service expanded H-1B site visits as an accountability measure to end fraudulent use of H-1B privileges. The Trump Administration’s attitude towards the H-1B is generally negative, which explains why the administration is focused on creating strict oversight over those with H-1B privileges. Another reason why H-1B petitions may be down this year is the recent threats towards the H-4 EAD program, which allows spouses of H-1B beneficiaries to work legally in the U.S. There may be a general fear amongst potential H-1B filers to avoid applying for an H-1B and migrating to the U.S. as their spouse may not be able to get work authorization for decades. Finally, the anti-immigration rhetoric coming from both the executive and legislative branch have left many foreign nationals cautious of working in the U.S.