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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Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.