Is OPT in Jeopardy? Trump's Practical Training Reform Explained

There have been some troubling immigration updates last week in the rule making activity that is published by the Executive Office of the President. Of particular interest to a number of you would be a rule under consideration, entitled Practical Training Reform, that seeks to make changes to the programs allowing curricular practical training (CPT) and optional practical training (OPT) available to many F-1 and M-1 students.

Plans include limiting student work opportunities and terminating Obama’s STEM-OPT extension rule. The supposed goal of these policy changes is “… to improve protections of U.S. workers who may be negatively impacted by employment of non-immigrant students on F and M visas. The rule is a comprehensive reform of practical training options intended to reduce fraud and abuse.”

Note that these are just announcements; but they give you a clear indication of where this administration is headed. The proposed rule is expected to be published in October 2018.

How will this affect you?

1. The type of work that you can do under OPT may be restricted; with the goal of opening up those jobs to US workers. This will definitely limit your earnings.
2. OPT period may be reduced, which will not give you the opportunity for multiple attempts at H1B lottery
3. They are also considering changes to H1B lottery, where preference would be given to  the “most skilled or highest-paid petition beneficiaries.”  OPT students do not fall into either category. So this diminished your chances of getting picked in the new system.

What should you do?

You should focus on getting a job immediately, and applying for a H1B before these policies take effect. Don't be fooled by consultancies that will apply for your job without a project - USCIS has been cracking down on such entities in record numbers with site visits and office raids. Find a legit consultancy with a good immigration track record, that will be able to train and place you quickly.

(Use the calendar below to set up an appointment)  

Discuss you OPT Training, Placement and H1B options with our experienced recruiters

Transfer your H1 and apply for GC immediately

If you are with an employer that is not applying for your GC, it is time for you to consider transferring your H1B, and applying for a GC immediately. Given the turbulent political climate and the constant tightening of immigration policies, it would be wise to get your GC process started as soon as possible. We are actively hiring experienced consultants that are looking for both H1B and GC sponsorship. We are hiring in all technology verticals, with particular focus on Java, .NET, UI, iOS and Android. Discuss your case with one of our managers so you can explore your options.

Email transfers@ksquareit.com with your basic info; one of our Senior Managers will be in touch to discuss your options in more detail.

What should you look for in a new employer before transferring?
1. GC Processing
2. Immigration
3. Financial Stability / Payment History / Employee Feedback
4. Strong Placement History

GC Processing

GC is a long and arduous process. Find an employer willing to get your GC started right away. Ask them about the processes they have in place to overcome the usually restrictive GC requirements like prevailing wages, ability to pay, use of experience gained within the same organization etc. 

If you work for one of the Big 5 consulting MNCs, you should consider transferring your H1B and applying for a GC immediately. Your project could end soon, or GC may not be an option in the future given the changing political conditions, if you wait till the last moment.

*** We can get your GC started within 60 days of joining us. ***

Discuss your timelines with our recruiting managers when you speak with them on the phone. Our compensation structure is also better than the Big 5 consulting firms. 

Immigration

Did you know that there are a number of H1 regulations that are almost always violated by most employers? Here are some examples:
* It is OUTRIGHT ILLEGAL to charge the employees for H1B fees. Yes, it is ILLEGAL. Do you want to jeopardize your future with an employer that charges you?
* Similarly situated employees should be paid equally. Meaning two people in the same metro filed at the same wage level cannot be paid differently. But it happens all the time, especially when you are working on percentage basis.
* Employers should have an established and documented wage policy that is implemented consistently across the board. But the pay rates for most consulting companies are all over the map, which is a clear violation. One Java developer is making $30/hr, while a different one is making $55/hr.
* While I-9 forms may look simple, most employers get tripped up on I-9 audits, which have become very common. Did your employer update your I-9 after your H1B was approved - most probably not!

These regulations have not been enforced by the USCIS in the past, but we all know that times have changed with Trump in the office. We are already seeing the impact on the H1B cap cases filed with Level 1 wages. You don't want to wait until the axe falls, and your employer is audited. Find an employer who has figured out how to work within the rule of law, while maintaining the flexibility and pay levels that you wish to earn. 

Financial Stability / Payment History / Employee Feedback

You guys are all smart enough to know that you should join a well-funded company, that has a history of paying their employees on time. Employers with 100+ consultants are usually well-funded to withstand any market downturns. But more importantly, talk to other consultants who work there. But there is one more aspect to this. When your employer files for your GC, they need to show the ability to pay (because GC is a future job). And not all employers are funded well enough.

Placement History

At the end of the day, you want to get placed and stay billable. Work with an employer that has a lot of varied clients, not just a handful of major clients. So if your project ends, they can always place you with one of their other clients. More importantly, you probably know the importance of client letters in H1B approvals. We work very closely with our clients to obtain all required supporting client documentation, which is reflected in our 100% approval rate.

Where do we stand?

* We invest heavily in our immigration process to make it impeccable. We are able to meet all the regulations and requirements, while also maintaining the pay and flexibility that you desire. 
* We are financially very strong, and we have planned for market downturns and extended periods between projects. Our recruiters can tell you more.
* We have made more than 500 placements in the last few years, in over 30 states nationwide. If you are motivated, we can get you placed in a matter of weeks. We have a number of candidates that got placed within the first week.
* We will apply for your GC immediately after H1B approval. And we have 100% success rate with GCs. We got 4 GCs approved just this month.

Email transfers@ksquareit.com with your basic info; one of our Senior Managers will be in touch to discuss your options in more detail.

Is it time to transfer your H1B?

If you received your H1B approval, and and contemplating moving to a stable consulting company, this may be the best time to do it.

What should you look for in a new employer before transferring?
1. Immigration
2. Financial Stability / Payment History / Employee Feedback
3. Strong Placement History
4. GC Processing

Immigration

Did you know that there are a number of H1 regulations that are almost always violated by most employers? Here are some examples:
* It is OUTRIGHT ILLEGAL to charge the employees for H1B fees. Yes, it is ILLEGAL. Do you want to jeopardize your future with an employer that charges you?
* Similarly situated employees should be paid equally. Meaning two people in the same metro filed at the same wage level cannot be paid differently. But it happens all the time, especially when you are working on percentage basis.
* Employers should have an established and documented wage policy that is implemented consistently across the board. But the pay rates for most consulting companies are all over the map, which is a clear violation. One Java developer is making $30/hr, while a different one is making $55/hr.
* While I-9 forms may look simple, most employers get tripped up on I-9 audits, which have become very common. Did your employer update your I-9 after your H1B was approved - most probably not!

These regulations have not been enforced by the USCIS in the past, but we all know that times have changed with Trump in the office. We are already seeing the impact on the H1B cap cases filed with Level 1 wages. You don't want to wait until the axe falls, and your employer is audited. Find an employer who has figured out how to work within the rule of law, while maintaing the flexibility and pay levels that you wish to earn.

Financial Stability / Payment History / Employee Feedback

You guys are all smart enough to know that you should join a well-funded company, that has a history of paying their employees on time. Employers with 100+ consultants are usually well-funded to withstand any market downturns. But more importantly, talk to other consultants who work there. But there is one more aspect to this. When your employer files for your GC, they need to show the ability to pay (because GC is a future job). And not all employers are funded well enough.

Placement History

At the end of the day, you want to get placed and stay billable. Work with an employer that has a lot of varied clients, not just a handful of major clients. So if your project ends, they can always place you with one of their other clients. 

GC Processing

GC is a long and arduous process. Find an employer willing to get your GC started right away. Ask them about the processes they have in place to overcome the usually restrictive GC requirements like prevailing wages, ability to pay, use of experience gained within the same organization etc. 

Where do we stand?

* We invest heavily in our immigration process to make it impeccable. We are able to meet all the regulations and requirements, while also maintaining the pay and flexibility that you desire. 
* We are financially very strong, and we have planned for market downturns and extended periods between projects. Our recruiters can tell you more.
* We have made more than 500 placements in the last few years, in over 30 states nationwide. If you are motivated, we can get you placed in a matter of weeks. We have a number of candidates that got placed within the first week.
* We will apply for your GC immediately after H1B approval. And we have 100% success rate with GC. We got 4 GC approved just this month.

Schedule a call with one of our experienced recruiters to discuss your H1B transfer.