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Do you think flying to the US could be as easy as it, generally, is?
This year could, probably, be the last season of meeting expected barriers. From next year onwards, the citizens could kick off the visa filing process on April 1, 2019 encountering new challenges. Simultaneously, they should know more about the amendments or the USCIS updates.
This blog reads an update from the office of the USCIS-the immigration authority of the US. However, it was expected that the Trump administration would tweak the existing immigration policy. He has been known for his strict stance over the immigration policy. His blunt approach is a matter of worries for the NRI and Indian diaspora.
So! Here is all what you should know prior to filing the H1B visa application.
What’s the annual visa cap?
The H1B visa is the most sought after non-immigrant visa, permitting companies to recruit foreign employees in specialty occupations. If you look at the IT sector of the USA, its IT firms and other tech companies will emerge in a great need of the highly skilled workforce from the countries, like India and China. Interestingly, Indians win more than 60% of these visas.
What the Times of India has published is indeed noteworthy. It stated that the new fiscal year is going to kick off on April1, 2019. They will have to file petitions for H1B visas, as usually they do. But, the visa process will be a bit different in the upcoming year. As approved by the US office of Management and Budget (MOB), the US employers should keep in mind that:
- They have to pre-register on a digital platform for the annual H1 B lottery.
- The lottery system will filter 65,000 visa applications under the regular quota.
- Also, the master cap for this visa will draw 20,000 more applicants. These would be those candidates who are boasting an advanced degree from the US universities.
- The USCIS will invite the winner of the lottery system for its full-fledge visa application process. It includes enclosure of all necessary documents. Previously, the document attachment was a part of the first step, i.e. the lottery system. Simply put, the employers had to file upfront in April, together with all supporting certificates.
This amendment is introduced while keeping these points in mind:
- These amendments in the US immigration policy will spare the efforts of the companies that, often, input when it came to filing a petition. It’s so because many candidates were left unselected in the visa lottery. But, the companies had to go through the complete visa petitioning.
- The USCIS will be able to manage the intake and selection process for H1B visa more effectively and efficiently.
Why should Indians worry?
Besides the aforementioned advantages for the US immigration authority, the NRIs community and the NRI service providers are quite disappointed. They are afraid of the fact that the new rule could provide liberty to that authority. It may not fairly decide who can work in America.
This execution of the pre-registration program, as mentioned in the Form ETA 9035 (Labour Certification Form), which is effective from 19 November, can threaten the fair and random H1B lottery. This is what the managing attorney at NPZ Law Group, David H Nachman, told the Daily.
He also stated that the new labour certification will necessitate employers to reveal if they have put the details of the H1B workers on the third party websites. That mentioning could be utilized to filter the applicants who don’t require third party placements. It could also end up in a discrimination wherein the sponsoring companies that have less foreign applicants would win the lottery.
However, this amendment is a proposition that could take three to six months for making entry to the Federal Registry. Besides, the public feedback can play a game-changing role in it.
