The number of H-1B visas issued by the US could double under a new Senate immigration proposal that would remove the cap on Green Cards, it is being reported.
That’s the good news.
However, with petitions for the H-1B cap set to open tomorrow, April 1, 2013, the overwhelming number of expected applications do not bode well for qualifying aspirants as, for all practical purposes, the applications might fill up the quota tomorrow as well, with the cap getting filled on the first day itself – through a lottery system.
And that’s the bad news.
Based on initial feedback from companies, industry experts and officials maintain that the much sought-after H-1B work visas could be decided through lottery this year.
The US starts accepting applications from tomorrow, until April 5, 2013, but if the lottery system is indeed followed, as it was last followed in 2008, the cap could very quickly get filled. Last time, it did on the first day itself, and experts maintain there’s no reason to believe that it will take any longer than that if the lottery system is applied owing to a large number of applications.
According to Congressional approved mandate, each year, the US can grant about 65,000 H1-B visas. Of the 10 companies that account for the largest number of visas, five are from India.
“Based on feedback from a number of stakeholders, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013,” USCIS said in a statement early this month.
According to PTI news agency, the number of H-1B visas for highly skilled workers would approximately double from the current limit of 65,000 per year under the plan of eight senators working on a deal between the Congress and the White House to overhaul the immigration system.
In addition, The Wall Street Journal has reported that a bipartisan group of senators is weighing higher fees for businesses that want to bring highly skilled workers to the US to offset the cost of overhauling immigration laws, a move that could produce a backlash from businesses and immigration advocates.
It now costs between $1,575 and $5,550 in fees to receive the most popular of the visas, the H-1B visa. And that doesn’t include the added costs for companies to hire an attorney to file the applications.
This cap on H-1B visas has been in place for more than 20 years now, and if the USCIS does receive more than those many successful applicants, the fate of thousands of applications for H-1B visas would be decided by a computerised draw of lots.
In addition to the 65,000 allocation, the USCIS can also reward 20,000 H-1B visas for those having masters or higher degree from US academic institutions.
For three years between 2001 and 2003, the US Congress had increased the cap to 195,000; which was not reached.
If USCIS receives more petitions than it can accept, it will use a lottery system to randomly select the number of petitions required to reach the numerical limit.
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