American employers are not the only ones frustrated with the US government's application of the H-1B program. The Government of India is launching a formal complaint with the World Trade Organisation over the US' "highly discriminatory" practice of denying H-1B visas and charging excessive processing fees. Rahul Khullar, India's trade secretary says that the Indian government repeatedly has tried to get a mutually amicable resolution to the twin issues.
In the last two years American companies have seen the highest denial rates of H-1B and L-1 visa petitions, despite the fact that there has not been any legislative change by Congress or change to the USCIS' regulations.
These denial rates come on the heels of a 2010 fee hike that doubled processing fees for companies who file large numbers of H-1B or L-1 visas. The processing fees are paid regardless of whether the visas are approved or issued.
H-1B visas are used by healthcare employers to hire healthcare workers in shortage occupations such as Physical Therapy, Occupational Therapy, Medicine, Speech Language Pathology, and some nursing specialties.