August 7th, 2023 at 05:04 am
USCIS H-1B Lottery Visa Selection Round 2
The second round of H-1B visa selection for FY 2024 has been finished by USCIS. USCIS announced the results of its second round of random selection for the H-1B visa, which enables US businesses to hire foreign workers in particular industries. According to a USCIS announcement, all successful applicants who are qualified for H-1B visas for the fiscal year beginning October 1 will have received notice.
After that, the H-1B lottery’s second round was held. Many unqualified applicants who were chosen in the first round in April noted that this might unjustly improve their chances of selection. USCIS stated that it is still dedicated to discouraging abuse of the registration process, putting an end to it, and ensuring that only those who abide by the law can submit an H-1B competition.
The government added that beginning with the fiscal year 2021, the H-1B electronic registration process was adopted in 2020. The H-1B cap has greatly simplified the application process by reducing the amount of paperwork and data interchange, as well as by saving petitioning firms money overall. A small proportion of H-1B registrations from the H-1B Lottery’s initial selection round are anticipated to be accepted by USCIS.
The Selection Rounds for the FY 2024 H-1B Cap
Only 50,000 or fewer H-1B registrations from this year’s initial selection, according to USCIS officials, will result in H-1B petitions grants. The H-1B selection procedure is ambiguous as a result of several entries for the same people throughout the H-1B registration process. According to USCIS data, even if beneficiaries with multiple registrations were disqualified from the H-1B work visa lottery, more than 75% of H-1B registrations for the fiscal year 2024 are denied due to the low annual H-1B cap.
DHS Issues Guidance for Stateless Non-Citizens in the United States
To help stateless non-citizens in the US who are requesting immigration benefits or other things from USCIS, DHS, and USCIS recently released updated recommendations. Stateless people have difficulty getting education, healthcare, marriage, and employment prospects since they legally do not qualify as citizens of any nation. As a result, they may be denied a legal identity.
The new advice makes it clearer when and how USCIS could consider a non-citizen stateless when deciding whether to provide immigration benefits or to evaluate a request for additional services. Statelessness remains a global problem, and DHS commits to resolving it and removing obstacles these people encounter in the US. Stateless people will receive the chance to apply for any immigration benefits and protections for which they qualify.
USCIS will develop and implement new processes to help USCIS agents determine whether a person may be stateless. This includes creating more thorough training courses for officers, revising current statelessness training materials, and establishing routine processes for officers.
Specially trained USCIS personnel will present the officer who decides with an advisory report outlining how the officer could assess individual statelessness in cases where it may be pertinent to the individual’s application or benefit request.
This new advice also offers illustrations of paperwork or proof that may aid USCIS officers in deciding whether a non-citizen qualifies as stateless for USCIS purposes when making decisions on a person’s application or benefit request. According to the United Nations High Commissioner for Refugees, there are over 218,000 Americans who could be at risk of becoming stateless.
USCIS New Guidelines for H-1B Visa Holders & Green Card Applicants
On June 20, 2023, the USCIS released new guidelines to assist H-1B visa holders and applicants for employment-based green cards. Through this new guidance, H-1B visa holders and other individuals waiting for employment-based green cards are able to obtain more specific information.
In comparison to the time under the Trump Administration, the new guideline shows that the agency has adopted a more welcoming stance toward highly skilled employees. In June 2023, USCIS published a policy stating that in cases where there are compelling circumstances, the agency has added guidance on the eligibility requirements for first and renewal applications for employment authorization documents.
If someone has compelling circumstances beyond the typical hardship associated with losing their job, they may qualify for Employment Authorization Documents (EAD). Adverse circumstances include loss of employment and non-immigrant status.
The agency emphasized that it is providing EAD guidelines to clarify eligibility requirements. Additionally, it provides an adjudicative process for examining and issuing such EADs by guidance. Applicants who meet the following qualifications will qualify for a first EAD based on compelling circumstances.
The primary beneficiary of the approved form L-140 Immigration Petition for Alien Workers is the applicant.
Also, with form L-765, the principal applicant holds an invalid H-1B, E-3, H-1B1, O-1, or L-1 non-immigrant status.
Among other things, the primary applicant has not submitted a request for modification of status.
The phrase “compelling circumstances” is not specified in the rule. However, offers made centered on the applicant’s proof on a case-by-case basis. Discretion is based on the applicant’s proof.
DHS announces H-1B Visa Lottery Abuses || DHS H-1B Visa
In response to complaints of abuses relating to the lottery for H-1B visas, the US Department of Homeland Security (DHS) has announced the establishment of numerous restrictions.
Administrative fraud probes into companies potentially capable of collaborating to better prospective employees are among the DHS’s future actions. DHS will begin referring suspected violator firms to law enforcement for criminal prosecution. Additionally, as stated in the United Regulatory Agenda, they plan to alter pertinent regulations relating to H-1B lottery registrations.
A temporary work visa known as the H-1B, or Person in speciality Occupation Visa, enables US firms to hire qualified individuals for speciality professions such as architecture, IT, academia, medicine, law, and accounting.
Congresswoman Linda Sanchez of the United States introduced the Citizenship Act, which aims to alter the H-1B visa system and remove the nation’s cap on green cards. The new law put forth by the Democratic Party suggests offering an immediate road to citizenship to agricultural workers and “dreamers.”
Further Reports
According to recent reports, the H-1B electronic registration system is seeing an increase in demand for the program. The United States Federal Agency found fraud and abuse in this program. Certain businesses engaged in deception to artificially increase their chances of obtaining visas for their foreign employees.
A user shared a list of 128 consultants that accept applicants’ payments in exchange for filling out multiple H-1B visa applications without a genuine work offer. The total number of H-1B visas issued each year is 85,000. However, 20,000 reservations for people with advanced degrees from US universities, and 65,000 chosen randomly.
Shri Thander, a member of the US Congress, encouraged Alejandro Mayorkas, the secretary of homeland security for the US, to raise the annual ceiling to boost the number of foreign workers in the country.
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