The H-1B quota continues to be oversubscribed, and last year saw a record number of H-1B registration submissions. Advance planning is required for H-1B cap candidates. We discuss strategies for contingency planning for employees who are not selected in the cap lottery.
Synopsis
Multiple filings are permitted if they are from different fiscal years. For instance, there are instances where petitions from the past fiscal year are still pending in the current year. In such cases, it does not appear that there is any prohibition against filing again for the same employee. An employer would be well within their rights to try for an H-1B lottery selection again.
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Khanna is a member of the Virginia and D.C. Bars and the principal of the Law Offices of Rajiv S. Khanna, PC. Since 1993, he has focused his and the firm’s practice on employment and business-based immigration and related administrative and federal audits, investigations and litigation. The firm represents individuals and businesses from every major city in the US and internationally.
January 11, 2021
With less than two weeks left in office, the Donald Trump administration dealt another blow to H-1B aspirants.
The US Citizenship and Immigration Services (USCIS) on Jan. 7 announced a final rule modifying the H-1B visa cap selection process. As against the current randomised lottery system, the newer system will prioritise wages to protect US jobs and ensure only the creme de la creme are allocated H-1Bs, according to the notification.
“The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the program to compete for the best and brightest international workforce, and has predominately resulted in the annual influx of foreign labour placed in low-wage positions at the expense of US workers,” said USCIS deputy director for policy Joseph Edlow.