H-1B Visa Lottery Process May Affects Immigrants and Indian IT firms
From April 2019, there will be several changes in the H-1B visa application. Now, the organizations required to register electronically before the visa lottery procedure to obtain H-1B visas for their workers. As per the latest rules, the candidates can apply for H-1B Visas that are fully electronically registered.
The petitioners have to apply for the H-1B visa a lottery process. At first, they should fill the visa application form with all the evidence proofs. IT firms who send their occupants to the US through the H-1B visa in several countries should upload all the documents. After all these moves, it will prove to be crucial for those organizations who hold foreign employees in the United States.
Given the security regime of US administration, it is scared that the new lottery process will offer more freedom to the Immigration Services and Trump's Citizenship, which is the arm of the US, in determining who can work and live in America.
Every year, around 65,000 H-1B visas are issuing under the general quota. More 20,000 visas are issued under the master’s cap. Sponsoring workers have to file the applications in the initial week of April month and within days the regular cap is met buying to which a random lottery process is adopted. For the 2018-19 year, the US govt has received around 1.9 lakh applications. In that, Indians received over 60% of H-1B visas. Technical IT firms like Wipro, TCS, Cognizant, and Infosys are among the top recruiters.
Francis Cissna, the director of United States Citizenship and Immigration Services (USCIS) has said that the goal is to declare the proposal in time for Apr 2019.
NPZ Law Group's managing attorney, David H Nachman announced the apprehension about the change. “The change in pre-registration program along with the new data requested in Form ETA 9035 which enter into effect from Nov 19, 2018, has the capability for abuse because the ‘H-1B lottery’ will be relegated to a criteria-driven process", he said.
The latest worker certification form needs occupants to mention whether H-1B employees will be placed at client worksites, information about the number of employees at each worksite and the addresses and names of their clients. “The available data-sets will be filtered to find those H-1B visa petitions that do not obtain third-party client placements. It may result in a discriminatory procedure for selecting which firms get H-1B visas,” announced Nachman.
“Another fall agenda thing stated that the preferred reforms can be introduced to guarantee that H-1B Visas are issued to the highly paid employees or most skilled employees and increase the selection process for those who have master’s degree of US. Preregistration will also allow this,” says an immigration expert with a tech organization.
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