VISA2US Blog

Since the pandemic, the process of obtaining a visa or green card has been significantly delayed. Some of these delays were unavoidable as a global shutdown forced everyone to stay home, regardless of the expiration date on one’s visa. However, other delays since the reopening of government offices were due to changing legislation, increases in applications, and outdated technology. 2022 brought with it the need for massive adjustments in USCIS’s processes, and as 2023 begins, the immigration specialists predict we’ll be seeing some much-needed improvements.

The H-1B visa program has been in place for decades. Since its inception, it has stayed somewhat consistent, but the ongoing changes in the world, particularly since COVID, along with the increasing cost of living, have forced many new policies. Here are some of the Frequently Asked Questions about the latest guidelines, along with their answers.

It’s no secret that much of the time it takes to get your visa is spent waiting. It’s a “hurry-up-and-wait” scenario that almost everyone deals with, regardless of the kind of visa they apply for. But in 2023, those wait times, while still lengthy, may be going down for many applicants. What’s happening in the new year to bring us this good news? Read on to find out.

The time it takes to file and process a visa from start to finish is quite lengthy. Some petitioners end up waiting over a year for their paperwork to process and then longer for their interview. The COVID-inflicted backlog took an already time-consuming project and added even more delays. However, those visa petitioners who were placed on hold because of the pandemic are mostly caught up, allowing USCIS officials to catch up on new filers. 

When an employer extends a job offer to a foreign worker, it’s never done lightly. This action comes at a cost — payable to the US Citizenship and Immigration Services (USCIS) and the Department of Labor. Yet, although those fees can seem hefty when you’re the one paying them, USCIS operates on a constant backlog due to high operating costs. The fees have stayed consistent since 2016, but in 2023, a proposed rule seeks to help reduce backlogs by increasing fees and allowing the department to streamline its processes. 

It’s not a surprise to anyone that dealing with government bureaucracy and paperwork takes time. This is particularly true when it comes to the US Citizenship and Immigration Services, where a thorough evaluation of each applicant’s background is an essential part of the job. Yet, due to factors like limited budget and overhead and an overabundance of petitions, the delay of some H-1B Green Card applications are taking more time than even USCIS feels is reasonable. Because of this, some petitioners may receive automatic extensions of their Green Cards.

According to USCIS, a student on a visa is, well, a student. Therefore, they should devote their time to studies, not to earning an income. Students aren’t allowed to receive Employment Authorization Documents. They can go to school and perform in after-school activities, such as clubs and sports. This has been a non-issue for most foreign student-athletes on a non-immigrant visa. Yet, the current changes in NCAA policy — the National College Athlete Association — could impact all of this.

The H-1B visa is in high demand, but the process of obtaining one is challenging. When H-1B holders can bring their families with them to the United States, it gets even more complex. Now, legislation signed on January 19, 2023, “bundles” the forms together to reduce the complications that are often part of working and living in the US as a family.

Everyone has heard about the severe COVID restrictions China has had in place since the outbreak in 2020. These rules significantly impacted one’s ability to obtain and transfer their H-1B and other visas. With the recent relaxation of China’s COVID policies, travel to and from the country has become slightly easier. However, there are still restrictions you should know about before you attempt to obtain an H-1B visa.

Certain fields are known to have job openings that are notoriously difficult to fill. These industries, such as those in the STEM categories, have high-skill requirements and fewer people who meet the criteria to choose from. For that reason, many of these US employers must reach beyond the pool of native applicants and attempt to find foreign workers who can help them. But this action, although it's a last resort, does not get performed lightly. You must follow government guidelines as a US employer looking to hire a nonimmigrant. We've summarized them here to help you get started.