Visa News

H-1B Lottery Overhaul Increases Foreign Worker Visa Odds

Published

4 months ago

May 7, 2024

Admin

H-1B Lottery Overhaul Increases Foreign Worker Visa Odds. Foreign workers in tech and other high-demand fields are poised to have better opportunities to secure H-1B specialty occupation visas this year, thanks to a significant overhaul of the annual lottery process. This revamp comes as a welcome relief for both employers and prospective foreign workers, aiming to address longstanding concerns surrounding fairness and fraud in the visa allocation system.

A New Approach To Selection

Commencing this year, employers can initiate registrations for visas for fiscal year 2025. Unlike previous years, where lottery selections were based on the total number of submissions made on behalf of employers, the U.S.

Citizenship and Immigration Services (USCIS) will now base selections on individual workers. This shift aims to eliminate fraudulent practices wherein companies submit multiple registrations for the same worker, skewing the odds unfairly.

Jill Bloom, a partner at Fragomen Del Rey Bernsen & Loewy LLP, notes that employers widely support this change, viewing it as a step towards rectifying a longstanding issue within the system.

Leveling The Playing Field

The H-1B program serves as a crucial avenue for employers to fill skill gaps with foreign talent in fields requiring at least a bachelor’s degree. However, recent years have witnessed a surge in submissions, exacerbating the competition for limited visa slots. The online registration system introduced by USCIS has facilitated this surge, with submissions surpassing 758,000 last year.

Of particular concern is the prevalence of duplicate submissions, which have unfairly inflated the chances of selection for certain workers.

USCIS has expressed concerns over potential abuse of the system and has undertaken measures to combat fraud, including ongoing fraud investigations and the codification of rules enabling the denial or revocation of petitions based on false information.

Implications For Foreign Graduates

The new lottery system presents a glimmer of hope for foreign graduates of U.S. colleges and universities, who often find themselves at the mercy of the lottery despite being employed in the country under programs like Optional Practical Training (OPT).

Xiao Wang, CEO of Boundless Immigration, highlights the plight of these individuals, underscoring the need for reforms to prevent skilled workers from being uprooted due to visa uncertainties.

Competition And Uncertainty

While the revamped system offers greater transparency and fairness, it also introduces new challenges for both employers and workers. Individual-based selections mean that selected workers may entertain multiple offers, forcing companies to compete by offering better compensation and benefits.

However, this also introduces uncertainty for employers, who may face difficulties in gauging the competition for prospective hires.

Anticipated Changes And Challenges Ahead

Despite the positive changes, challenges loom on the horizon for employers navigating the H-1B landscape. Draft regulations proposing changes to eligibility criteria and visa fee hikes signal potential disruptions in the near future.

Eileen Lohmann, a senior associate attorney at BAL, emphasizes the need for predictability amidst these changes, highlighting the persistent demand for H-1B visas and the necessity for legislative reforms to address underlying issues.

Conclusion

The overhaul of the H-1B lottery system represents a significant step towards fostering fairness and transparency in the allocation of visas. While it offers hope for both employers and foreign workers, challenges persist, necessitating continued vigilance and potential legislative action to ensure a balanced and equitable immigration system.

Visa News

What Are The Rules Of A B2 Visa?

Published

3 months ago

June 14, 2024

Admin

What Are The Rules Of A B2 Visa? A B2 visa is a non-immigrant visa that allows individuals to temporarily visit the United States for tourism, medical treatment, or certain other non-business purposes. Understanding the rules and regulations associated with a B2 visa is crucial for ensuring a smooth and lawful stay in the country.

What Are The Rules Of A B2 Visa?

1. Purpose of the Trip

The foremost rule in obtaining a B2 visa is demonstrating that the purpose of your trip is for tourism. Whether it’s exploring popular landmarks, visiting family, or enjoying leisure activities, your intention should align with non-business or non-work-related endeavors.

2. Permanent Residence and Ties to Home Country

Applicants must showcase their ties to their home country, indicating that they have a permanent residence they do not intend to abandon. This can include property ownership, family connections, or a stable job. Consular officers need assurance that you have significant reasons to return to your home country after your visit to the U.S.

3. Non-Business Activities

Individuals applying for a B2 visa should not intend to engage in business activities or provide services for the benefit of a U.S. employer. This visa category strictly prohibits work-related endeavors or any activities that generate income within the United States.

4. Financial Resources

One crucial aspect of obtaining a B2 visa is demonstrating sufficient financial capability to fund the trip. Applicants must provide evidence that they can cover all expenses related to travel, accommodation, and living costs during their stay in the U.S. Alternatively, if the applicant lacks the financial means, a sponsor can provide evidence of financial support.

Eligibility Criteria for a B2 Visa

To obtain a B2 visa, individuals must meet certain eligibility criteria set forth by the United States Citizenship and Immigration Services (USCIS). Eligibility requirements typically include demonstrating a legitimate purpose for the visit, possessing sufficient funds to cover expenses during the stay, and demonstrating intent to return to their home country after the visit.

Duration of Stay

One of the essential rules of a B2 visa is the duration of stay permitted. Typically, individuals holding a B2 visa are allowed to stay in the United States for a maximum period of six months per visit. However, the actual length of stay granted is determined by the Customs and Border Protection (CBP) officer at the port of entry, and it is important to adhere to the authorized duration to avoid any legal complications.

Prohibited Activities

While on a B2 visa, individuals are prohibited from engaging in certain activities that are inconsistent with the purpose of their visit. These activities may include unauthorized employment, enrolling in academic study programs, or participating in any form of paid work. Violating these restrictions can result in severe consequences, including deportation and future visa ineligibility.

Extension of Stay

In certain circumstances, individuals may be eligible to apply for an extension of their stay beyond the initial period granted on their B2 visa. However, extension requests must be filed with the USCIS before the expiration of the authorized stay, and applicants must provide compelling reasons, such as medical emergencies or unforeseen events, to justify the need for an extension.

Compliance With Immigration Laws

Adherence to U.S. immigration laws and regulations is paramount for individuals holding a B2 visa. This includes maintaining valid immigration status throughout the duration of the visit, timely departure from the United States upon the expiration of the authorized stay, and compliance with any reporting requirements imposed by the USCIS or CBP.

Conclusion

Understanding the rules and regulations governing a B2 visa is essential for individuals planning to visit the United States for tourism or medical treatment. By adhering to the eligibility criteria, respecting the permitted duration of stay, avoiding prohibited activities, and complying with immigration laws, visitors can ensure a hassle-free and enjoyable experience during their time in the country.