Posts Tagged ‘lottery’

USCIS Receives 190k H-1B Applications for 85k Spots

Thursday, April 12th, 2018 by W. Scott Railton

Demand continues to outpace supply for H-1B petitions. For this year’s cap lottery, U.S. Citizenship and Immigration Services received 190,098 applications for 85,000 spots. This is actually less applications than in some recent years. Of course, this is the full allocation of H-1B slots for the 2019 Fiscal Year, received in the first five days.

For those reading who do not know, H-1Bs are the United States’ professional temporary visa for high skilled workers. These include certain information technology workers, high skilled health care professionals, engineers, accountants, and the like. While there are other temporary and permanent work authorization categories, the H-1B is the typical work authorization category that foreign students might pursue upon completion of studies in the United States. Over half of the students in STEM graduate programs in the U.S. are foreign students.

We speak to many employers who want to hire these students, but run into issues with the H-1B cap. Increasingly, it seems that students who don’t get picked either look for other employers or go to other countries. In some cases, they can wait another year, and apply again, but eventually time runs out. There are other options, like continuing education, or finding employment with certain cap-exempt employers. Fundamentally, though, the current system has many flaws, based on our observations from working with employers and prospective employees.

Good luck to all who applied! Here is the excerpted announcement from USCIS:

On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019.

USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced degree exemption. USCIS announced on April 6, that it had received enough H-1B petitions to reach the statutory cap of 65,000 and the master’s cap of 20,000. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing.

USCIS conducted the selection process for the master’s cap first. All unselected master’s cap petitions then became part of the random selection process for the 65,000 cap.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted towards the FY 2019 H-1B cap.

USCIS will continue to accept and process petitions filed to:
• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in a second H-1B position.

Tags: , , , , , , ,
Posted in General, Scott Railton |

The Department of State’s 2018 Diversity Visa Program (DV-2018) registration is now open!

Thursday, September 29th, 2016 by Heather Fathali

Online registration for the DV-2018 Program begins on Tuesday, October 4, 2016 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and concludes on Monday, November 7, 2016 at 12:00 noon, Eastern Standard Time (EST) (GMT-4).

The entry form must be submitted during this period, and entries may only be submitted online at https://www.dvlottery.state.gov/.

Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants,” born in countries with historically low rates of immigration to the United States. A limited number of diversity visas (DVs) are available each fiscal year, which traditionally begins on Oct. 1. The DVs are distributed among six geographic regions (Africa; Asia; Europe; North America; Oceania; and South America, Central America, and the Caribbean) and no single country may receive more than seven percent of the available DVs in any one year. Entrants are “chargeable” according their country of birth, not their current country of residence or citizenship. For example, if a person was born in Iran but is a citizen of Canada and resides in Canada, they remain chargeable to Iran for DV purposes; and may apply for the program despite the fact that Canada is not a DV country.

The U.S. Department of State provides a helpful step-by-step guidance on the program and how to submit an entry at https://www.youtube.com/watch?v=tOQlh2d2EbQ&feature=youtu.be. Instructions are also available at https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2018-Instructions-Translations/DV-2018%20Instructions%20English.pdf.

DV-2018 Entrants will begin to be able to check their entry status starting May 2, 2017. Entrants may only check their status by entering their confirmation information at https://www.dvlottery.state.gov/; the U.S. government will not mail out a notice regarding an Entrant’s status, and embassies and consulates will not provide a list of selectees. DV-2018 Entrants should keep their confirmation number until at least September 30, 2018.

The list of DV-2018 countries is available in the official DV-2018 Program Instructions, and is also copied below:

 

LIST OF COUNTRIES/AREAS BY REGION WHOSE NATIVES ARE ELIGIBLE FOR DV-2018

The list below shows the countries whose natives are eligible for DV-2018, grouped by geographic region. Dependent areas overseas are included within the region of the governing country. USCIS identified the countries whose natives are not eligible for the DV-2018 program according to the formula in Section 203(c) of the INA. The countries whose natives are not eligible for the DV program (because they are the principal source countries of Family-Sponsored and Employment-Based immigration or “high-admission” countries) are noted after the respective regional lists.

 

AFRICA

Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cabo Verde, Central African Republic, Chad, Comoros, Congo, Democratic Republic of the Congo, Cote D’Ivoire (Ivory Coast), Djibouti, Egypt*, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, The Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe

* Persons born in the areas administered prior to June 1967 by Israel, Jordan, Syria, and Egypt are chargeable, respectively, to Israel, Jordan, Syria, and Egypt. Persons born in the Gaza Strip are chargeable to Egypt; persons born in the West Bank are chargeable to Jordan; persons born in the Golan Heights are chargeable to Syria.

In Africa, natives of Nigeria are not eligible for this year’s Diversity Visa program.

 

ASIA

Afghanistan, Bahrain, Bhutan, Brunei, Burma, Cambodia, Hong Kong Special Administrative Region**, Indonesia, Iran, Iraq, Israel*, Japan, Jordan*, Kuwait, Laos, Lebanon, Malaysia, Maldives, Mongolia, Nepal, North Korea, Oman, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria*, Taiwan**, Thailand, Timor-Leste, United Arab Emirates, Yemen,

*Persons born in the areas administered prior to June 1967 by Israel, Jordan, Syria, and Egypt are chargeable, respectively, to Israel, Jordan, Syria, and Egypt. Persons born in the Gaza Strip are chargeable to Egypt; persons born in the West Bank are chargeable to Jordan; persons born in the Golan Heights are chargeable to Syria.

**Hong Kong S.A.R. (Asia region), Macau S.A.R. (Europe region, chargeable to Portugal), and Taiwan (Asia region) do qualify and are listed here. For the purposes of the diversity program only, persons born in Macau S.A.R. derive eligibility from Portugal, and must select Portugal as their country of eligibility.

Natives of the following Asia Region countries are not eligible for this year’s Diversity Visa program: Bangladesh, China (mainland-born), India, Pakistan, South Korea, Philippines, and Vietnam.

 

EUROPE

Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark (including components and dependent areas overseas), Estonia, Finland, France (including components and dependent areas overseas), Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau Special Administrative Region**, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands (including components and dependent areas overseas), Northern Ireland***, Norway (including components and dependent areas overseas), Poland, Portugal (including components and dependent areas overseas), Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vatican City

**Macau S.A.R. does qualify and is listed above and for the purposes of the diversity program only; persons born in Macau S.A.R. derive eligibility from Portugal, and must select Portugal as their country of eligibility.

***For purposes of the diversity program only, Northern Ireland is treated separately. Northern Ireland does qualify and is listed among the qualifying areas.

Natives of the following European countries are not eligible for this year’s DV program: Great Britain (United Kingdom). Great Britain (United Kingdom) includes the following dependent areas: Anguilla, Bermuda, British Virgin Islands, British Indian Ocean Territory, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, South Georgia and the South Sandwich Islands, St. Helena, and Turks and Caicos Islands.

 

NORTH AMERICA

The Bahamas

In North America, natives of Canada and Mexico are not eligible for this year’s DV program.

 

OCEANIA

Australia (including components and dependent areas overseas), Fiji, Kiribati, Marshall Islands, Micronesia, Federated States of Nauru, New Zealand (including components and dependent areas overseas), Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu

 

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN

Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Chile, Costa Rica, Cuba, Dominica, Ecuador, Grenada, Guatemala, Guyana, Honduras, Nicaragua, Panama, Paraguay, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela

Countries in this region whose natives are not eligible for this year’s DV program: Brazil, Colombia, Dominican Republic, El Salvador, Haiti, Jamaica, Mexico, and Peru.

Tags: , , , , , , , , , , , , , , , , , , , , ,
Posted in General |

USCIS Receives 172,500 H-1B Applications in First Week

Saturday, April 12th, 2014 by W. Scott Railton

USCIS announced this week that it received about 172,500 applications for H-1Bs for U.S. employers in the first week of availability for Fiscal Year 2015. The statutory cap is 65,000 slots for regular filings, and there are an additional 20,000 slots for graduates of Master’s programs or highers from U.S. institutions of higher education. The 20,000 quota was also filled. Consequently, a lottery will ensue, based on a computer-generated random process. For those who are not selected, USCIS will return the petition with filing fees.

H-Bs are specialty occupation worker petitions. Persons with at least a bachelor’s degree or the equivalent may hold an H-1B for at least up to six years, during which time some employers will sponsor them for permanent residence. The application process includes significant filing fees, sometimes rising above $3000, and employers must guarantee the U.S. government and the employee that they will pay the greater of the prevailing or actual wage for the position.

The fact that the cap filled in the first week is really not a surprise. This has happened the past few years. The number of applications filed though has increased significantly, to the point that the lottery is very real for employers and beneficiaries. Master’s grads from U.S. schools will have a bit of an edge, though. Even if they miss out on the first 20,000 spots, they then may be selected in the 65,000 pool.

What does this mean going forward? For one, employers will increasingly file for H-1B petitions for recent college graduates, even if they have more than a year left to go of optional practical training work authorization. Science, Technology, Engineering and Mathematics (STEM) grads can extend their work authorization for 17 months beyond their first year grant of work authorization. Employers who have already invested in employee training for a year won’t want to buy just one lottery ticket going forward, if the chance of selection is so uncertain. So, I expect we’ll see even more early filings for H-1Bs in years to come, until the system gets a fix.

Another issue is the once-per-year application ritual itself, otherwise known as “H-1B season.” Business doesn’t operate this way.  Business needs are ever-evolving throughout the year, which Congress recognized once upon a time when it passed the American Competitiveness in the 21st Century Act.  Nowadays, the The H-1B program doesn’t offer much use to the employer who determines they need a specialty occupation worker sometime later in the year.

There needs to be some way that employers can bring a key person from outside of the country during the rest of the year, without that person having to prove they are extraordinary, exceptional, or that their employment will serve the national interest. The H-1B system as currently operating lacks this needed flexibility, and that hurts the U.S.’s ability to compete in the global labor market.

Now, there are cap-exempt employers, including non-profit research organizations, institutions of higher educations, and organizations affiliated with institutions of higher education. Many hospitals fall into the latter category, due to their affiliations with medical school and nursing programs. This is noteworthy for these types of employers, and for prospective H-1B employees who might meet their HR needs.

One possible temporary fix may be to create more cap exemptions. For instance, if there is a known shortage of STEM graduates in the labor pool, perhaps a STEM exemption or STEM cap is something to look at.

Talent knows no boundaries, and for the U.S. to remain an innovator and leader of economies, there needs to be a means for employers to employ certain specialty occupation workers throughout the year.

Tags: , , , , ,
Posted in General |