Statutes of Liberty · Klasko Immigration Law Partners, LLP

Episode 4: 2018 H-1B Series - Employer Concerns

·21 min·2 clips

Dev Patel explores how the Buy American, Hire American order is reshaping H-1B visa challenges for employers.

This episode examines employer challenges with H-1B visa petitions under recent policy shifts. Host Dev Patel, an associate at Classical Immigration Law Partners, is joined by partners Bill Stock and Michelle Madera. They analyze the operational impacts of the "Buy American, Hire American" executive order. A significant procedural change was a six-month freeze on premium processing in 2017. The government implemented this freeze to address a backlog in processing H-1B extensions. This pause aimed to manage high petition volumes before the April 2017 cap case intake. The administration does not currently anticipate a repeat freeze for 2018. The executive order has also increased scrutiny on whether positions qualify as "specialty occupations." Adjudicators are more frequently requesting detailed evidence to prove a role requires specialized knowledge. Employers now face greater demands to justify the educational requirements for H-1B positions. Another area of heightened examination is the employer-employee relationship, especially for third-party worksite placements. Petitions must clearly demonstrate control and supervision of the foreign national worker. Requests for Evidence have surged, asking for comprehensive contracts and work schedules. Wage level classifications for offered positions are undergoing stricter review to prevent undercutting U.S. workers. A key insight is that the premium processing halt was a logistical response, not a direct policy outcome of the executive order. The attorneys note that even experienced companies with long H-1B histories are receiving more challenges. They emphasize that meticulous documentation for every petition element has become non-negotiable. The discussion reveals that adjudicators are applying narrower interpretations of existing regulations. This environment makes the timing and strategy of responding to government requests critical. A surprising claim is that these intensified reviews are occurring across all industries, not just technology. The tone is educational and advisory, drawing directly from the law firm's casework experience. The style is conversational but densely informational, aimed at a professional audience. This episode is essential for HR professionals, corporate counsel, and business leaders who sponsor H-1B workers. Listeners seeking broad immigration policy debate or personal applicant stories might find it too technical.

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