H1-B Cap Season Opens With A Blend Of Hope And Mixed Emotions

The H1-B registration season officially opened on March 6, and this was welcomed with a blend of concerns, hope, and apprehension. The impact of the significant hike in fees goes with a bother. These hikes, exceeding 200% in some categories, raise concerns for smaller companies struggling with already tight budgets.

New Application Procedure: What does this mean?

This year, the H1-B visa application process underwent a significant change. Instead of employers applying for visas for specific workers, the U.S. government will now select individual workers directly. This new method prevents companies from manipulating the system by submitting multiple applications for the same person.

Despite these changes, the number of H-1B visas remains the same- 85,000 are available, making it competitive. The H-1B program provides 85,000 visas annually to foreign workers in specialty occupations, 20,000 of which are reserved for those with advanced degrees through an annual lottery.

In the past, USCIS selected lottery winners by registration, which gave those with multiple registrations a higher chance of being selected.

Reactions and Proposed Alternatives

The change in the selection process this year has been met with a variety of reactions. While the revamped lottery system offers hope for a more equitable selection process, the significant fee increases present a potential hurdle for smaller employers. Due to the increased costs, these employers may find it challenging to sponsor visas for foreign talents.

Another possible storm employers are likely to weather is the definition of “specialty occupation,” which would now require employees’ bachelor’s or master’s degrees to be directly related to the position for which they are being hired.

In other words, individuals with generalized degrees may face disqualification, and being ordinarily qualified for the H1-B visa might not be enough. Some immigration attorneys have advised investigating alternative options to the H-1B program. As has been the case for many years, the demand for visas will far outweigh the number available.

Employers can consider O-1 visas for individuals with extraordinary achievements in their fields or EB-2 employment-based visa category for noncitizens with backgrounds in the arts, sciences, and business whose work holds national significance and substantial merit.

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