What Are the Concerns Surrounding the H-1B Visa Lottery?

The H-1B visa lottery is the process by which the United States Citizenship and Immigration Services (USCIS) draws professional foreign workers to receive visas. Commonly, this is so professional foreign workers can acquire authorization to work at United States-based technology companies. In a year, the number of new visas that are distributed is capped at approximately 85,000. However, the United States government has growing concerns that tech companies are cheating in this lottery. Read on to discover the issues with the H-1B visa lottery and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you correctly enter it.

What are the issues with the H-1B visa lottery?

Simply put, the Biden administration is under the belief that several dozen small technology companies have been cheating in the H-1B visa lottery to artificially increase the chances that their prospective foreign hires will win. More specifically, these companies are colluding by entering the same applications into the lottery multiple times. This is considered a fraudulent activity.

This is inevitably increasing the demand for the H-1B visa to a record high of 781,000. This is a significant jump from last year’s record high of 478,000 applications. With this 781,000, the number of organic entries is approximated at 350,000. While, on the other hand, an estimated 408,000 were duplicate entries.

It is a real possibility that some of these duplicate entries were drawn in the lottery. However, the USCIS reports that they intend to disqualify applicants who committed fraud. And if enough disqualifications are made, then the USCIS may run a second lottery so that they can meet their 85,000 visa distribution quota.

How can I correctly enter the lottery?

If you are an employer of a technology company and you are petitioning for professional foreign workers to temporarily work for you, then you must ensure that you are correctly entering the lottery. This is so you do not get accused of abusing the system.

First of all, it is not technically considered fraud if you and other technology companies all apply on behalf of a single professional foreign worker. Though, you must confirm that you have a real job available for this worker if they win the lottery. In addition, you cannot immediately contract this worker to a third party or lay them off so they can switch companies. It is with these activities that the USCIS may grow suspicious of fraudulent activity.

Understandably so, you hold a great deal of responsibility when putting yourself on the line and petitioning for a professional foreign worker. This is why, before it is too late, you must retain the services of a competent work authorization permit lawyer in Milwaukee, WI. We are ready and willing to take on your application.

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