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H-1B Visa Lottery For Eligible Foreigners | Second Chance To Work In The USA

Senior Reporter

Hundreds of Indian IT professionals and other qualified foreign workers missed their chance at the first H-1B Visa lottery since the draw was conducted early this year. Having a second draw is almost unheard of in this regard, but the computerized selection shortage tweaked circumstances in favor of discouraged contestants. The re-try is exciting news for both companies and the desired applicants. Intelligent minds are always needed here, and it’s America that will be the real winner when it welcomes hundreds of qualified individuals abroad. This time around, the rules will be slightly different.

H-1B Visa lottery for eligible foreigners | Second chance to work in the USA
Image: pixabay.com

What is the H-1B Visa Lottery?

H-1B Visa Lottery is a randomized opportunity conducted by USCIS (U.S. Citizenship and Immigration Services) for qualified applicants to obtain a Verified International Stay Approval in the US. While the draw itself is completely random, it only includes participants that meet a specified set of requirements. That involves experience in specialty occupations, a reputable degree, and so on. There are exceptions for specific details, but the overall point is that the H1B Visa Lottery is designed for those with proper credentials.

The Visa lottery itself is conducted to meet the H1B Cap of 65,000 for the standard quota, with the new addition of 20,000 for the Masters quota. In simple words, USCIS has a maximum limit that must be met per draw of persons who will win the three years of temporary employment (which could be extended for another three) and contribute to various industries in the United States. If all goes well, the workers can then apply for a Green Card.

Second H-1B Visa Lottery

The US Citizenship and Immigration Services (USCIS) faced challenges a few years back when ​​President Donald Trump signed an executive order on June 22, 2020, restricting temporary employment-based visas until March and extending a green card ban. This was done for the purpose of restoring employment within the US during the pandemic, as over 20 million individuals were unemployed at the time.

This decision had many advantages, as well as several significant disadvantages. The crisis was on the rise, and the government has a responsibility to take care of its people before anyone else. On the other hand, the lack of temporary foreign workers would stunt business growth in America - theoretical or technical expertise is vital to this country. Society for Human Resource Management (SHRM) and the U.S. Chamber of Commerce stepped in to oppose the executive order.

After a lengthy battle between two opposing sides, H-1B Visa was back on the shelves. The executive order eventually expired, and Biden decided not to renew it. With that said, the lotteries continued as usual. However, this year’s draw was conducted early and cut off a considerable number of Congressional mandated H-1B visas.

"We recently determined that we needed to select additional registrations to reach the Fiscal Year (FY) 2022 numerical allocations. On July 28, we selected previously submitted electronic registrations using a random selection process,"
USCIS announced.

American companies depend on the contribution of 65,000+ foreign workers coming from countries like India and China each year. This expectation also served as one of the reasons USCIS decided to select hundreds of previous contestants to fill in the empty slots.

The process of participating in the second H-1B Visa draw

Since the second lottery is being conducted under rare circumstances, requirements and timelines are slightly different. First and foremost, filing for H-1B petitions online will not be an option. Instead, participants are required to file by paper and must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition. Most importantly, petitions are expected to have accurate information, be submitted within the specified timeframe. There will be no time for edits or adjustments.

"Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements,"
USCIS explains.

Hundreds of skilled workers that didn’t make it in one will have another shot at temporary employment. However, mistakes in filing for the process can flunk the chances of even making it back on the list. If you are one of the eligible petitioners, ensure that you follow the provided steps closely. Additional information regarding the second H-B1 lottery can be found here.

Opinion: does the H-B1 Visa lottery contradict the government’s current state of “panic”?

Although the H-B1 Visa has its flaws as a whole concept, it is a fantastic system that brings ideas, innovations, growth, and other positive attributes to the USA companies. There are no particular concerns in that regard. However, this lottery seems to contradict the US government’s current agenda.

Since Biden became president of the United States, COVID-19 related issues became the focal point of Biden’s Administration. Mandates and restrictions are back, vaccines are being pushed like never before, and an evident state of panic continuously evolves within the government. At first glance, it appears as if the new leaders are genuinely concerned about Americans contracting the virus.

However, we’ve now seen Biden and his Administration create a mess at the border, as they allowed thousands upon thousands of Asylum seekers into the country. Now masses of temporary workers have a green light to enter the US, yet the president is reluctant to lift the U.S. travel ban. All of this is happening while American’s are told that if they’re not fully vaccinated and wear masks everywhere they go, the Delta variant will surely wipe them out.

The conflicts prompt the following questions:

If the government is worried about the virus killing Americans, would they allow thousands of unvaccinated immigrants in that would compromise everyone’s health?

And if Americans are being told that vaccines don’t guarantee protection from the Delta variant, does it make sense that thousands of foreigners are allowed to come to the US on an H-B1 Visa, potentially creating additional virus mutations?

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