Have tech companies conspired to circumvent the tech visa lottery system?

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In the United States, each year, up to 85,000 people are selected in the highly coveted tech visa lottery for H-1B visas. The H-1B visa is a temporary nonimmigrant work visa reserved for those with a higher level of education in a specific field. The H-1B visa lottery system is conducted once a year. According to United States Citizenship and Immigration Services (USCIS), there were 780,884 applications for the H-1B visa in the 2023 computer-generated lottery. This means, in 2023, there has been an increase of 61% in applications as last year there were 483,927 applicants. That being said, the USICS has raised serious concerns that some may be taking unfair advantage of the tech visa lottery and suspect there are cases of fraud within the system. To avoid any issues when registering for the H-1B visa lottery, please contact a knowledgeable Middlesex County, New Jersey Business Immigration Lawyer who can help you navigate this intricate process. In addition, keep reading to learn about the loophole small tech companies have reportedly found to increase the chances of their prospective employees being chosen. 

What are USCIS’s fears regarding the tech visa lottery?

As mentioned above, the USCIS has major concerns regarding the tech visa lottery as they have seen the number of applications for the H-1B visa lottery skyrocket in the past year. According to research, the Biden Administration reportedly has found that small tech companies have found a loophole in increasing the likelihood of their prospective foreign workers being selected through the tech visa lottery system. Essentially, small tech companies are entering foreign employees’ names multiple times to unfairly increase their chances of getting selected for an H-1B visa. Consequently, USCIS is investigating several technology companies to ensure no one is receiving an unfair advantage as the lottery system is supposed to give everyone a fair chance of obtaining this type of visa.

According to research, after investigating, USCIS has found evidence that roughly 96,000 prospective employees submitted numerous visa applications through the same tech companies. Essentially, this accounts for 408,000 entries. Although it is not illegal for a foreign worker to have several companies submit the H-1B visa application, it is illegal for the company to apply without confirming they have an open position for the candidate. It is important to note that applicants that wish to register for the H-1B visa lottery only have to have a $10 fee. However, now USCIS wants to increase this registration fee to $215 to regulate the process. This increase in the registration fee is being proposed to deter and prevent fraudulent applications to give everyone a fair chance of obtaining an H-1B visa through the computer-generated lottery system.

If you are seeking an H-1B visa, it is important to understand the changes the USCIS may implement to the tech visa lottery system to prevent fraudulent applications as it can affect your ability to register. To ensure you follow the laws and remain eligible to file an H-1B visa petition, please contact one of our trusted team members. Our firm is prepared to help you navigate this complex process to obtain this type of temporary nonimmigrant work visa.

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