Emily Neumann Unpacking US Visa Challenges and Immigration Realities
By Somdatta Basu
In a recent installment of the Open Forum Business Hour, hosted in collaboration with the IACCGH, immigration attorney Emily Neumann shed light on the complexities of employment‐based immigration in the United States. As managing partner of Reddy Neumann Brown PC, a prominent Houston‐based firm specializing in employment immigration, Neumann offered insights into the evolving H1B visa landscape, green card backlogs, and potential reforms.
Practicing law in Houston since 1999, Neumann originally envisioned a career in healthcare or patent law due to her science background. Reflecting on her unexpected path, she recalls, “It totally fell on my lap. I was looking for internships after my first year of law school and got in touch with Reddy—and he hired me the day of the interview.”
Since then, she has led one of Houston’s most respected immigration practices, assisting employers in securing skilled foreign workers and guiding individuals through the complex H1B process. For foreign professionals aspiring to work in the U.S., securing an H1B visa can be challenging. Neumann explained,
“If you already have an H1B, you can even transfer your sponsorship to your own firm and start your own business.” However, this flexibility is counterbalanced by the hurdles of the lottery system. Although the process remains unchanged from last year, she noted, “The big change is that the application fee has jumped from $10 to $215.”
Complicating matters further, the green card backlog stretches to over 99 years for individuals born in India due to per‐country caps. While Congress has implemented measures allowing H1B extensions beyond the standard six-year limit if a green card process is initiated, these delays remain a major challenge for skilled immigrants.
Another pressing issue is the growing difficulty in accessing healthcare, particularly primary care. Neumann questioned, “How long does it take to see a primary care doctor—two weeks, two months, or even longer?”
This inquiry underscores the broader problem of a limited number of trained doctors in the U.S. Despite arguments that more domestic doctors could be produced, systemic barriers have led many healthcare professionals to immigrate, even as restrictions on immigration remain contentious.
Addressing concerns that foreign workers take jobs from Americans, Neumann emphasized that H1B employees must be paid more than the prevailing wage or the standard salary for similar U.S. roles. Violations such as underpayment or exploitative conditions should be reported to the Department of Labor, although doing so remains challenging for many visa holders. While some critics argue that the program enables bonded labor, she maintained that reforms should focus on fixing abuses rather than eliminating the system, noting that foreign workers contribute significantly to various industries and that removing such visa programs would create further labor shortages.
Neumann also discussed challenges for professionals under NAFTA, who qualify for TN visas. For Canadians, a simple employer letter at the border can secure a three-year visa, whereas Mexicans must first visit a U.S. consulate.
Uncertainty surrounding immigration policies has left both employers and employees anxious. Employers worry about securing talent if visa holders are stranded overseas due to travel bans or delays, and the high costs of filing fees and premium processing add financial strain. Additionally, green card processing delays force some employees to leave the country after exhausting their visa limits, contributing to a loss of skilled labor. For employees, the fear of deportation remains, prompting Neumann to advise immigrants to be aware of their rights during encounters with immigration enforcement.
As immigration policy debates continue, Neumann remains committed to advocating for fair and efficient processes that benefit both employers and foreign professionals. With ongoing legal and political changes on the horizon, her expertise provides invaluable guidance for businesses and individuals seeking to secure their future in the U.S.