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St. Louis Employment Immigration Attorney Jim Hacking Discusses Harsh Consequences of H1B denials

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Students are facing some challenging times in regards to acquiring and keeping their visas. The popular H-1B visa has requirements that cause complications for immigrants. While the U.S. attracts many foreign students to attend American universities, it is harder each year for the students to stay in America after their graduations.

Immigrant has 60 days to leave U.S. after visa application denied

As profiled in a recent story in the Huffington Post, Antinea Ascione grew up in Italy but spent part of her high school in the U.S. After graduating from college in 2012, she began working for a publishing company where she moved to be closer to her boyfriend. In September, Ascione received the shock of her life when she got a letter stating she had 60 days to leave the U.S. and that her H-1B visa application was rejected. Ascione had to stop working immediately since U.S. Citizenship and Immigration Services said her job did not require a degree. "When you enter college no one warns you how hard getting an H-1B can be," Ascione said. "You're not aware about the mad rush for visas."

H-1B visas have caps to prevent displacing American workers

There is a mad dash for H-1B visas because there is a limited number available. They can only be granted for jobs “so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree…” according to USCIS.

The H-1B visa cap is specifically placed to ensure that the U.S. is not displacing our own workers for foreign nationals. In fact, when employers look into acquiring a worker under this type of visa, they have to prove that this applicant’s education and experience uniquely suits the job and an American, for example, would not be able to fulfill this position. Ascione is currently trying to work something out with USCIS in order to stay in the country and is one of the thousands of immigrant students looking for jobs in the U.S. after their graduation. While foreign students contribute to over $24 billion to the U.S. economy, remaining here after graduation is difficult because of the current U.S. immigration system and how the visas are allocated.

If you have questions regarding the new immigration reform, applying for a visa or the changing immigration laws, contact us at 314-961-8200 or visit our contact page.

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