The H1B Visa, which allows individuals to work in the United States temporarily, is up for discussion in 2022. The current legislation sets forth that the cap on H1B Visas is raised to 195,000 every fiscal year.
However, according to statistics from USCIS, over 236,000 applications were received last year. Because of this, the USCIS had to hold a lottery for the cases received.
While many may be upset at having their visa declined, it is essential to remember that this law was put in place because of American workers and high-skill immigration.
What is causing such a spike in H1B applications?
According to an article by Bloomberg Business, companies are capitalizing on the high demand for technology workers.
As a result, companies have applicants working in the United States under an H1B Visa transfer to another company for which they will work without altering their conditions.
What is causing this huge demand? According to industry analysts, the market expects over 1 million jobs to go unfilled in the next decade due to a lack of skilled workers.
Due to the high demand, companies are willing to pay up to $50,000 more than an average worker, according to The Wall Street Journal.
What’s at stake for the United States?
The technology industry accounts for 15% of all jobs and 70% of all new wages in the United States. In addition, it is estimated that over 1 million jobs will go unfilled due to a lack of skilled workers, according to industry analysts.
What’s at stake for the H1B Visa holder?
If an individual is not selected in the lottery, they have two options: apply for a re-enrollment or enter the pool of H1B Visa applicants for the following year. However, there are no guarantees that they will be selected again.
What’s at stake for companies?
After being rejected by USCIS, more than 80% of employers reapply for this lottery process due to its benefits to their company. These include increased wages, flexibility in hiring, and a competitive edge in hiring skilled workers.
What is the debate on the H1B Visa?
Critics of this program believe that it doesn’t protect American workers and displaces them with H1B employees who would work for lower wages.
They also think that companies abuse the process by using loopholes such as transferring employees from one company to another to benefit from the program.
Supporters of the H1B Visa believe that companies must hire skilled workers, especially when there is such high demand for jobs requiring these skills.
They also bring awareness that if employers are forced to look elsewhere, American workers will suffer due to rising wages and more job competition.
What happens in 2022?
For now, all we can do is watch and see what the final changes to this controversial law will be. But what we should keep in mind is that there are millions of H1B Visa holders out there who deserve an opportunity for a better life and to secure stability through work.
As such, we need to keep the debate fair and support a system that allows for high-skilled immigration.
Who are the most likely to receive H1B Visas in 2022?
Programmers and IT professionals top the list. This, however, is due to a large number of applicants for these types of jobs and not because employers prefer them over other high-skill workers.
How do programmers and IT Professionals get their H1B Visas?
To be eligible for an H1B Visa, candidates have to get a job offer from a company to apply. In addition, petitioners can choose their employees based on education and skill set or by lottery. The candidate can also decide where they want to work through this process.
What else do we need to know about H1B Visas?
For a company to hire an employee under an H1B Visa, it has to be classified as a ‘Hiring Company. In addition, the hiring companies have to file a Labor Condition Application (LCA) with the Department of Labor, showing that they will pay employees at least $60,000 a year.
Finally, the H1B Visa application is not just a paper form but a lengthy legal process that requires many steps to be completed before it can be approved.
Who else is eligible for an H1B Visa?
Students who graduate from a US college or university with a Master’s degree or above who have been offered a job by a company where they will be working on their thesis are also eligible.
In addition, those holding an extraordinary ability in science, art, or business can make use of this opportunity as well.
What about people seeking Asylum?
If a person cannot return home due to a fear of persecution, they can apply for a U Nonimmigrant Status (U Visa). Qualifying individuals will receive a Green Card, employment authorization, and protection from deportation.
Can an immigration lawyer help with your H1B Visa?
Yes, an immigration lawyer can help with all process stages, including filing and reviewing your application. An attorney will make sure to represent you correctly whether you apply for an H1B Visa on your own or through a company.
The US Citizenship and Immigration Services (USCIS) is responsible for overseeing this program designed to bring high-skilled workers to the country.
Their website contains FAQ pages and other resources that can help with any questions or concerns about this program and what it means for your future.
Find an Immigration Lawyer Near You
The H1B visa program has been responsible for relocating thousands of skilled workers to the US. However, it is an issue that’s become highly politicized and requires careful consideration when discussing how it should be reformed in 2022.
Our team at Ruby Powers Law believes in a fair system, particularly one that helps high-skilled immigrants come to the US and contribute their talents.
In addition, we recognize that this program is a part of our everyday lives whether we know it or not since many technology companies depend on it. We will continue to keep you informed as events unfold in 2022.
For more information about Ruby Powers Law, please visit us at www.RubyPowersLaw.com.