H-1B visa filings for FY 2015 begin on April 1, 2014 – Another Lottery Expected

The H-1B program is used by U.S. corporation to employ foreign professional workers in occupations that require theoretical or technical expertise in specialized fields.  The program allows for about 85,000 new H-1B workers each Fiscal Year, a paltry number in the face of the U.S.’s need for Science, Technology, Engineering and Mathematics (“STEM”) workers.  In an interview with Reuters last year, I predicted that 2013’s H-1B quota would be exhausted instantly – something that had not occurred since 2008.  I was subsequently proven correct as USCIS received approximately 124,000 H-1B petitions during the filing period, each vying for one of the 85,000 “slots” available. On April 7, 2013, USCIS used a computer-generated random selection process (the “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit.

This year, the Fiscal Year 2015 Cap season will begin on April 1, 2014 and I anticipate an even larger number of H-1B applications.  This prediction is based not only on the strengthening national economy but also because U.S. Immigration authorities have reduced or eliminated other possible options for U.S. companies in acquiring STEM professional workers.  Despite the tremendously positive impact that H-1B visa holders make in this country (including the substantial revenue the hefty H-1B application fees generate for USCIS and U.S. worker training programs nationwide), they are treated poorly by U.S. Immigration authorities.  H-1B employers and beneficiaries suffer from absurdly high query rates and illogical consular delays.  Many also subject to unusually long delays in filing for Permanent Residence, for example, an Indian born Software Engineer currently faces a wait time of eleven (11) years to obtain an employment based third preference (EB-3) green card.

As I have previously stated, our national immigration policy should emphasize our immediate need: to retain and increase our advanced degree professionals so that the we can continue to compete internationally and maintain our lead in new technologies.  One of the best ways to accomplish this is to take concrete steps towards increasing the H-1B cap amount to 250,000.

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