The USCIS allows certain H-1B visa applicants to resubmit their cases

On Wednesday June 23, 2021, the USCIS (US Citizenship and Immigration Services) announced that certain H-1B visa applicants, whose cases were rejected or administratively closed, will be able to resubmit their applications for additional review, as long as they meet certain eligibility requirements.

According to the USCIS update, only fiscal year (FY) 2021 H-1B visa applications that were rejected or administratively closed specifically “because the requested start date was after Oct. 1, 2020” will be eligible for this resubmission process. Adding to that, the USCIS stated that this benefit is still subject to the annual H-1B visa limit.

The USCIS explained that the reason why it will allow the resubmission of certain H-1B visa applications is because, since the electronic registration process was implemented for the first time in 2020, there were certain discrepancies with those applications.

What is the H-1B visa?

The H-1B visa is a program available to highly qualified foreign workers, that is, people who have a university degree (for example, bachelor’s or higher degree) and who have highly specialized knowledge in a specific area.

Usually, the H-1B visa is related to STEM (Science, Technology, Engineering and Mathematics) fields and other sectors that greatly contribute to the socioeconomic development of the US and its international competitiveness.

Hundreds of local employers, that is, American or US-based companies, use the H-1B visa program to attract highly skilled foreign workers and fill labor gaps in their industries.

It is worth mentioning that, in order for local employers to hire staff from abroad, they must demonstrate that there are no American workers available or trained to fill a specific job position.

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This is positive news for local employers

In several of our recent articles we have talked about a workforce shortage that the US is currently experiencing, which is not only related to the global Coronavirus pandemic and international travel restrictions, but also to strict policies implemented by the previous administration and many other factors.

This skilled labor shortage is affecting multiple sectors of the American market such as the healthcare system, the business and investment sector, tourism, computer science and mathematics, the senior industry, inter alia.

Therefore, the fact that the USCIS decides to receive and review certain H-1B visa applications again is quite hopeful news for thousands of local businesses, which rely heavily on foreign workforce to meet current demands.

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