What Are the Concerns Regarding the Tech Visa Lottery?

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According to the United States Citizenship and Immigration Services (USCIS), the number of applications for tech visas has significantly increased for the second year in a row. While this may not seem like a serious issue at face value, the USCIS has growing concerns that individuals may be manipulating the tech visa lottery to gain an unfair advantage over others. Continue reading to learn more about the concerns surrounding the tech visa lottery and how a proficient work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help you navigate this situation.

What is the H-1B visa lottery?

First of all, the H-1B visa is designated for foreign workers who wish to fill specialty positions in the United States. Such specialty, hard-to-fill positions primarily include those at technology companies. A foreign worker can extend this visa for as long as three years.

In March 2023, the H-1B visa lottery selected 110,791 winners for the 85,000 available slots. Sponsoring employers have until June 30, 2023, to confirm that they are hiring. And if confirmations total less than 85,000, then another H-1B visa lottery will be held to fill up the remaining slots.

What are the statistics on the H-1B visa lottery?

Without further ado, below are a few statistics on the H-1B visa lottery that are causing the USCIS to become concerned:

  • In 2022, the tech visa lottery applications totaled 483,927, which was a 57 percent increase from the 308,613 total applications in 2021.
  • In 2022, the number of applicants who applied more than once totaled 165,180, which was an increase from the 90,143 total in 2021.
  • In 2023, the tech visa lottery applications totaled 780,884, which was a 61 percent increase from the 483,927 total applications in 2022.
  • In 2023, the number of applicants who applied more than once totaled 408,891, which was an increase from the 165,180 total in 2021.

What are the concerns pertaining to the tech visa lottery?

As you can likely conclude, the numbers show that more and more tech visa lottery applications are illegitimate.

Sometimes, sponsoring employers file multiple bids for the same person by applying under different company names. They do so even when there are no underlying employment offers. This is so they can help other technology companies, who did not win any visas in the lottery, fill their positions. In this way, they are acting as labor contractors. And such action is essentially considered fraud.

Other times, multiple bids for the same person may not be considered an illegal activity. For example, an applicant may ask different, independently-owned companies to sponsor them in this lottery to increase their chances of winning. Or, a company may overestimate its labor demands at the time of entering this lottery. Nonetheless, the USCIS remains concerned.

All in all, a talented work authorization permit lawyer in Milwaukee, WI is ready and willing to stand by your side throughout your tech visa lottery application. Contact Sesini Law Group, S.C. today.

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