Multiple lawsuits targeting H-1B non-immigrant visas for FY2022 have been filed over a new rule to select H-1B applicants based on their salary, instead of the random H-1B lottery. A new January 2021 H-1B visa wage rule put in place by the Trump administration makes the selection process dependent on the applicant’s wage level. The lawsuit says that choosing H-1B registrations by wage level will hurt start-ups, small businesses, nonprofits, and rural businesses that cannot offer high wages. The lawsuit says the new H-1B rule is not compliant with laws that require that visas or H-1B status be provided “in the order in which petitions are filed.”
The Biden administration has delayed the start date of the new H-1B lottery selection rule until December 31, 2021.
Every year on the first business day of April, the U.S. Citizenship and Immigration Services (USCIS) makes available a limited amount of H-1B nonimmigrant visas for U.S. employers to hire experienced foreign professionals. The available visas are capped at 65,000 for new hires and 20,000 for those who have earned a master’s or doctoral degree from a U.S. university. The demand for H-1B visas far exceeds the allotted available visas, and in most years, the cap is reached within 5 business days. When USCIS determines that they have received enough applications to meet the limits, a “lottery” system kicks in to ensure that all visas are allocated.
H-1B lottery candidates who are selected don’t automatically receive an H-1B visa. Candidates who are selected can then submit an H-1B petition. Candidates who don’t submit a petition on time, who are denied, or who don’t submit a petition at all are automatically denied an H-1B visa.
There are only 85,000 new H1-B visas issued each year by USCIS, and hundreds of thousands of individuals are denied an H-1B non-immigrant visa annually. An H-1B visa and employment immigration lawyer understands the H-1B visa laws, qualification and application process.
Godoy Law Firm’s experienced Illinois business immigration attorneys can assist professional occupation H-1B visa applicants. If you have a question about immigration employment in Illinois, contact the experienced immigration attorneys at Godoy Law Office at 630-912-0322.
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