Immigration lawyers say the H-1B chaos is forcing tough business calls

"Since September, the H-1B visa program has been caught in a whirlwind of changes. As a result, companies nationwide are scrambling to determine their next steps, rewriting travel guidance for foreign workers, and lining up backup staffing plans, including shifting some work overseas, according to five immigration attorneys who spoke with Business Insider. "Unpredictability is one of the number one enemies for business," said Rohit Srinivasa, an immigration attorney based in Los Angeles who works with startups and medium-sized tech companies."

"First came a $100,000 fee on new applications in September. Then came social media vetting requirements that left visa holders stranded abroad during the holidays. Now, a wage-based lottery system will favor the highest-paid applicants by giving them more chances in the annual H-1B lottery. Immigration lawyers say the constant policy shifts have companies tightening sponsorship guidelines, re-budgeting for higher costs, and gaming out contingency plans for a program that keeps changing shape."

"Divij Kishore, an immigration attorney at New York-based Flagship Law, which represents clients across various sectors, including tech, healthcare, and energy, told Business Insider that he has seen a 40% to 50% drop in H-1B sponsorship inquiries compared to previous years. Typically, by this time of the year, clients reach out with lists of employees they'd like to sponsor for the spring lottery, Kishore said. "This year, that's not been the case because employers are just not sure what the costs are," Kishore said."

Since September, US H-1B policy changes have introduced costly and procedural shifts that are disrupting employer planning. New measures include a $100,000 fee on new applications, social-media vetting that stranded some visa holders abroad, and a wage-weighted lottery that advantages higher-paid applicants. Employers are rewriting travel guidance, lining up backup staffing and shifting some work overseas to manage risk. Some firms report a 40%–50% drop in sponsorship inquiries and greater uncertainty about sponsorship costs, while other large employers have not seen a material slowdown. Companies are tightening sponsorship rules, re-budgeting for higher fees, and developing contingency plans.

Read at Business Insider