As H-1B season approaches, it’s time to begin your application process for a spot in the lottery. Currently, the USCIS allots 65,000 H-1B visas each year. Vying for a spot in the lottery are an estimated 195,000 applicants. With three times the amount of applicants than visas available, many applicants will be unable to get H-1B status due to sheer lack of numbers.
The Obama administration has attempted to combatimmigration reform but these attempts have not survived in Congress. One bill called the Immigration Innovation Act proposes to increase the amount of H-1B issued from 65,000 to 115,000. The bill also proposes a removal of the 20,000 Cap on applicants with U.S. Master’s degree.
These proposed changes to increase the amount of H-1B visas available would allow more foreign employees to work in the United States.With more H-1B visas issued each year, employers will increase their odds of getting an H-1B and can better plan and prepare for their business’ hiring needs
The technology sector is one of the biggest users of the H-1B Visa. The United States is experiencing a shortage of workers in the Science, Technology, Engineering and Math fields. By increasing the no. of H-1B Visas, we are promoting growth of business’, particularly in high-tech. This could also lead to more job creation in the United States due to foreign workers bolstering new companies with their specialized skill set.
Unfortunately the proposed increases will not be in place this year. With a significantly higher number of H-1B applicants than H-1B visas available, employers can no longer depend on the H-1B program to fill these skilled positions. Employers may have to explore other visa options if their applicants are not chosen in the lottery in order to fulfill employment needs andavoid waitinganother year to try again. Again, the need to hire H-1B workers arise from the fact that United States is experiencing a shortfall of workers in the skilled positions that are filled by H-1B workers.
With a small amount of H-1B visas available the importance of filing on time is crucial. Like last year, the Cap will likely be filled in the first week. Thus, for a chance to be considered in the H-1B lottery, timely filing is extremely important. It’s critical that your application be filled correctly and accurately in order to prevent rejection. If petitions are not selected, or rejected because they are erroneously filed, employers/foreign nationals mustwait for another year before they can apply again. This is where an immigration attorney can be extremely valuable to ensure your application is filed timely and accurately.
The Law Office of Sweta Khandelwal is prepared to help you with all your H-1B filings this year. Contact our offices now to ensure you have time to gather any documentation before the Cap opens next month. Attorney Sweta Khandelwal can also speak with you about other visa options in the event your visa applicants are not chosen for the Cap this year.
AILA: Immigration Innovation Act Would Help Economy, January 14, 2015, AILA