USCIS: New Rigorous Process for the Annual H-1B Lottery System

Nov 26 2018

From Apr, the H-1B-applications filing season for the organizations hiring foreigners to work in the U.S by this famous work visa route will have to electronically pre-register for the yearly lottery of H-1B, and then record ‘full-fledged appeals’ for the winners.

Major Changes in the H-1B Lottery System

Presently, appeals have to be filed up front, collectively with all supportive proof, just to access into the lottery. The exhaustive documentation, especially for companies, like IT service organizations, who place their H-1B workers at client sites. The reform will result in notable savings of administrative prices for the sponsoring organizations (those recruiting international employees). The move has been supported by the U.S Office of Budget and Management, and it is unit of the executive office for US president.

Given the Donald Trump administration protectionist regime, it is worried that the current rule will provide more freedom to the U.S.C.I.S, which is the immigration department of the U.S government, in determining who can work in the U.S.

H-1B Visa Cap

Yearly, merely 65,000 H-1B visas are granted below the normal cap (also known as usual quota). A further 20,000 H1-B visas are granted below the master’s cap (for those having an excellent degree from the universities of US). Sponsoring workers have to present the appeals in the 1st week of Apr, and within days the quota is reached owing to which a mechanism of the random lottery is adopted. For the 2018-19 period, the U.S agency got 1.9 lakh appeals. Indians typically earn higher than 60 percent of the H-1B visas. Tech organizations like TCS, Cognizant, Wipro and Infosys are with the top hirers.

The new labor certification application needs organizations to show whether H-1B workers will be put at the client’s third-party worksites, details of the worker’s number at every site and the addresses and names of their clients.

Different fall agenda thing had suggested that proper reforms will be launched to assure that H-1B visas are given to the most skilled or highly paid workers and improve the selection probability for those with a  master’s degree in the US. Pre-registration maybe also allow this, states an immigration expert with a tech organization.

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