'You see all these arguments that we want the best and the brightest coming here. Yet we're seeing a full-frontal assault on just all aspects of immigration.'
Getting what's known as an H-1B visa has never been a sure thing — the number issued annually is capped at 85,000 and applicants need to enter a lottery to even be considered. But some immigration attorneys, as well as those who hire such workers, say they've seen unprecedented disruptions in the approval process since Trump took office in 2017.
Subsequent memos have allowed for greater discretion in denying applications without first requesting additional information from an applicant, tossed the deference given to people seeking to renew their H-1Bs, and raised concern that the government would revoke work permits for the spouses of H-1B holders.
A growing number of applications with such requests were ultimately denied, while the approval rate among all applicants has fallen. Approvals also dipped in two other visa programs for foreign workers, including one for individuals with extraordinary abilities in areas such as science, sports and the arts.
One of her clients, a computer systems analyst from India with a master's degree from a U.S. college, filed his petition for an H-1B in April 2017 with 101 pages of documentation. He received an RFE, and a 176-page response was filed, with additional paperwork attempting to prove just how complicated the position was. He was denied. Feist filed a 282-page appeal, requesting that the file be reopened.
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