New research from Cornell finds that employers play a critical but often overlooked role in the U.S. immigration system, especially when it comes to securing H-1B visas for skilled immigrant workers. By choosing whom to prioritize and navigating regulatory hurdles, employers help determine who gets to work in the United States—decisions that affect not only the careers of individual immigrants but also the country’s competitive edge.
The study looked at ten years’ worth of initial H-1B visa applications, which start with a lottery but require more steps afterward. By paying for faster processing, waiting out long reviews, or requesting longer visa durations, employers can influence outcomes for applicants who may have similar qualifications but face very different results. One worker might get a three-year visa right away, while another could wait months, only to be denied.
A big impact
“Employers have a big impact on the speed and likelihood of visa approval—factors often thought to be entirely up to regulators,” the researchers say. “Our findings show how employers use the few tools they have to improve an applicant’s odds.”
Most research on immigration has focused on government agencies or immigrants’ own choices, but employers are key gatekeepers. For H-1B visas, which provide 85,000 new slots each year (with some exceptions for nonprofits and universities), access depends on employer sponsorship. The authors argue that employers’ decisions shape the talent pool in ways that can affect national competitiveness and innovation.
Analyzing over 530,000 H-1B applications from almost 30,000 employers between 2011 and 2015, the researchers tracked how employers worked the system. Many paid a $1,225 fee (now $2,805) for “premium processing” to guarantee a decision within 15 days, rather than waiting up to six months. Applicants with higher education were favored, with premium applicants seeing an 83.2% approval rate compared to 78.7% for standard applicants. Companies also withdrew 2.6% of applications, focusing their efforts on stronger candidates.
It all counts
Even small differences in approval rates translate to thousands of people whose careers are shaped by these choices. The study found that employers tended to prioritize applicants with backgrounds that differed from previous hires, suggesting a “taste for novelty.”
The findings show that the government gives employers some power to decide who can work in the U.S. For immigrants, standing out from previous hires or developing unusual skills could improve their chances of a speedy approval. However, the system also has drawbacks: smaller firms often lack the resources to pay for premium processing, which can put them at a disadvantage compared to larger, well-funded companies.
“Small firms with fewer resources will end up waiting longer and dealing with more uncertainty,” the authors conclude. “This is an example of how money influences regulatory systems.”
