The H-1B Discriminates: What International Students Need to Know
by Ghita Benslimane
This story was inspired by a prompt obtained through Hearken, a platform dedicated to public-powered journalism:
“I would like to be able to access a list of employers that sponsor international students with H-1B work visas.”- Kenza Mandri, a former international student at Fordham University.
The H-1B, a non-immigrant U.S. visa for highly skilled workers in specialty occupations, is highly sought after by international graduates of American universities hoping to remain in the country after graduation. But not many students are aware of the industries it favors or its numerous deficiencies.
Kenza Mandri, a Fordham international student who graduated in 2015, says she was repeatedly met with rejection after every job interview she obtained post grad. “They say you get 10% of what you apply for. [As international students,] we get 0% because [even those 10%] don’t sponsor. It’s a waste of energy and time,” she says.
While 0% is an exaggeration, Kenza is, unfortunately, not too far off from the truth. Through a lottery system, the United States Citizenship and Immigration Services (USCIS) declines more than 70% of H-1B petitioners each year. Last year alone, applications reached a record high with 236,000 H-1B seekers vying for 85,000 visas.
The 85,000 H-1B cap has been widely debated, especially in recent months as President Trump has voiced his plans to implement drastic H-1B reform in favor of the American worker. The president, along with those in favor of a cap and increased restrictions imposed on the H-1B fear that it may be stealing American jobs. Meanwhile, many foreign job applicants, including international students, see the cap as an arbitrary rule, one that severely limits their career prospects.
How Some International Students Feel About the H-1B
While there isn’t much international students can do when it comes to reshaping H-1B law, especially as Trump’s administration seeks to make it harder for foreigners to obtain this visa, getting informed is an important step in setting one’s self up for success. And that guidance is crucial for many students committed to getting work experience in the U.S.
The H-1B and the Industries it Favors
In attempting to gain insight about the types of industries that tend to sponsor (or not) foreigners for H-1Bs, I first turned to crowdsourcing, through a Google form asking international students about their experiences with different companies. After weeks of social media promotion, however, I only managed to scrounge up 10 responses. As a result, the crowdsourcing component will take more time to produce something reliable, but the answer to Kenza’s question can, nonetheless, still be found in other places.
A popular search engine tool among international students, My Visa Jobs, the largest U.S. employment website for foreigners since 2006, collects and organizes H-1B data every year. It examines which companies and industries file the most labor condition applications (LCAs) on behalf of H-1B seekers. LCAs must be filed with each H-1B petition, and are therefore a good indication of a company’s attempts at sponsoring H-1B visas. My Visa Jobs’ 2017 H-1B visa report lists the country’s top H-1B visa sponsors:
This data confirms the common idea that tech jobs are best suited for H-1B seekers. According to the same source, the two industries that filed the most H-1B applications in 2017 are 1) Computer Systems Design and Related Services and 2) Management, Scientific, and Technical Consulting Services.
But even if an international student obtains a degree in a tech-related field, the H-1B lottery severely limits the number of visas given out, even to highly qualified individuals. In response to this, tech companies have been overwhelmingly vocal about the need to sponsor more foreigners as their businesses grow. In Silicon Valley, Mark Zuckerberg and a number of other tech industry leaders have formed a group pushing for immigration reform, called FWD.us, in hopes of easing the process of hiring valuable foreign talent. There’s no question — tech companies sponsor the most and tech jobs give a graduating international student the best chances at getting a work visa post grad.
What Experts Say
“Small and midsize businesses are the engines of growth in this economy,” says Boston-based immigration attorney Leslie DiTrani, who specializes in the H-1B visa. “It’s a shame that, while we’re growing, we make it practically impossible for [international students] to use their skills to grow our economy. It’s very shortsighted of us.”
I asked DiTrani how she would go about fixing the H-1B visa. “We don’t need a cap,” she says. “While the economy is hot and while we’re growing, we need numbers. It’s not in good economic sense to have a cap.”
NYC-based Human Resources advisor Karene Schloss says that sponsorship needs at Inturn, a software company in New York City, “never impacts a decision to hire, but I will say that when the team is small and there are 100 competing priorities, you do need to be able to have the time to support the admin work [associated with visa sponsorship.]” The H-1B application, she says, can cost a company up to $3,500 to be paid to USCIS and from $4,000 to $5,000 for legal services. While the USCIS fee is returned if a petitioner isn’t selected in the lottery, the cost for legal services can cause a substantial dent in the budget of smaller tech companies.
“Sometimes,” says Casey Carr-Jones, an HR veteran in the pharmaceutical and financial world, “a small company doesn’t have the resources, be it with HR, their General Counsel, or another position, to manage a process like this.” Her advice to international students seeking sponsorship? “Come armed with your skills, experience, and accomplishments to prove that you are worth it,” she says. “And try not to take it personally if you hear a ‘no.’”
Artists and the H-1B
As for arts/humanities-related fields, H-1B sponsorships are few and far between, comparatively speaking. This year, for example, only 892 H-1Bs were filed in the motion picture and video industries and 508 were filed in radio and television broadcasting, compared to the 12,640 petitions filed by software publishing companies.
Former English literature student Zeina Sabry interned throughout the course of her optional practical training, a form of work authorization given to international student graduates, because she couldn’t find a job after graduation. “Once they hear you’re international,” she says, “they kind of smile and say, ‘Okay, we’ll be in touch,’ and you never hear from them again.” Now in the two-month grace period after her OPT end date, Zeina is turning to cap-exempt companies (those not subject to the H-1B cap) in an attempt to score a last minute H-1B.
Cap Exempt H-1B Visas
A little known fact to many H-1B seekers: institutes of higher education, non-profit research organizations and government research organizations are not subject to an annual H-1B cap, which means they can submit as many applications as they’d like, at any time throughout the year, on behalf of employees. In fact, the third highest H-1B filing industry is that of colleges, universities and professional schools, per My Visa Jobs’ statistical analysis of 2017 H-1B data.
But getting an H-1B visa at many cap-exempt organizations is no easy feat, especially at colleges and universities, where faculty positions and applicants with advanced degrees are prioritized. “We sponsor international people with doctorates (mostly PhDs) who are hired as faculty for an H-1B visa,” one employee at a major NY institution (who asked to remain anonymous) tells me.
A Gamble For All
As the community of international students hoping to stay in the U.S. awaits H-1B reform that will work in its favor and service graduates from various fields, it’s important to remember that while tech-related fields are undeniably prioritized, the H-1B is, currently, a gamble for anyone involved.
