US immigration attorneys: since January 2025, USCIS has significantly increased requests for more evidence on tech-related visa petitions, like H-1Bs and O-1s
Silicon Valley's coveted work visas are under heavy scrutiny from the Trump administration, and immigration lawyers say requests for documentation are increasing.
Context & Ripple Effects
Tech-visa demand has long exceeded available H-1B slots: applications reached 233,000 for 85,000 slots in the fiscal-2016 cycle. That scarcity makes added evidentiary scrutiny consequential even before a petition reaches a final decision.
The reported increase also follows 2017 guidance requiring programmers to demonstrate advanced, complex work and 2018 proposals to favor workers with US advanced degrees. The arc is toward a more selective, documentation-heavy pathway for technical hiring.
First-order effects
- H-1B and O-1 applicants, employers, and their immigration counsel must assemble more supporting material and respond to more USCIS evidence requests, increasing the administrative burden around pending petitions.
- Tech employers face less predictable visa adjudications for prospective and existing foreign talent as cases spend more time in the evidence-request process.
Second-order effects
- Companies with recurring visa needs are likely to devote more budget and internal staff time to petition preparation, while candidates may favor employers able to support a more intensive process.
- The scrutiny raises the practical value of job-design, wage, credential, and project documentation—the same kinds of proof emphasized in earlier programmer-eligibility guidance—rather than treating a petition as a routine hiring step.
Third-order effects
- If sustained, heavier evidence demands could make adjudicative discretion—not just statutory caps or lottery mechanics—a more important constraint on the US tech-talent pipeline.
- The pattern points to immigration compliance becoming a more durable operating capability for technology employers, particularly where specialized roles depend on cross-border recruitment.
The trend: US tech-work visa policy is moving toward tighter screening through administrative review as well as formal eligibility rules.