Dive Brief:

• Thirty-six percent of U.S. employers responding to a recent survey said that not enough green cards are available each year; 41% said too few H-1B visas are available, according the December Envoy Global results.
• The report noted that "[b]etween 2017 and 2019, the issuance rate for Requests for Evidence (RFEs), which require employers to submit additional information for a visa petition and typically signal an increased risk of a denial, rose from 21% to 40.2%." As a result, 45% of employers said the process has become more cumbersome, 29% withdrew offers, 22% conducted layoffs and 20% stopped recruiting for certain positions. Those in entry-level roles were more affected, but employers also reported significant impacts for mid-level and senior roles.
• Additional major policy changes over the last four years, such as changes to green card policy, including an in-person interview requirement, COVID-19 precautions and changes to the H-1B education and wage requirements have increased costs and complications for reaching the international talent pool, according to Envoy’s survey data.

Dive Insight:

Employers have complained in recent years that the Trump administration’s immigration policies have caused frustration, with many believing that expansion in Canada and other countries may become a popular option for U.S.-based companies that still rely on international talent, particularly those in the technology industry or those who employ tech workers because such talent is at a premium domestically. The Biden administration's approach is believed to be more friendly to immigration.

The H-1B education and pay requirements mentioned in the Envoy Global report were recently finalized after an earlier attempt was struck down in court. This comes after a string of attempts at restricting immigration over the previous year.

In April 2020, an executive order restricting immigration including for those with visas. A new executive order in June 2020 kept the limits in place; it was later extended through March 2021. In August 2020, the administration attempted to redo the fee structure for H-1B applications, but that was eventually shut down in court as well.