Category Archives: Immigration News

Current US immigration and visa news and developments

H1B Visa Lottery 2013

So the predictions have come true for H1B Visa season in April 2013 (also known officially with the USCIS as FY2014 as the H1B visas once awarded take effect on October 1, 2013 which is the start of the 2014 Financial Year for immigration).

In the first five days between April 1-5, 2013, the USCIS received 124,000 applications. The problem is there are only nominally 85,000 H-1B visas available of which 20,000 are allocated under the Advanced Degree Exemption for foreigners who complete a graduate degree at an accredited US University. Also some of those H-1B visas are reserved for H-1B1 visas for Chilean and Singaporian nationals under respective Free Trade agreements with US although this number tends to be very small an no more than a couple of thousand annually. It should be noted that most non-profit, education related and government employers don’t have their successful H-1B applicants count against the 85,000 cap. Nor do prior approved H-1B visa transfers or renewals count against the current cap.

So the dreaded H-1B Visa Lottery has come true for 2013. This is the first time since 2008 there has been an H-1B visa lottery and only the third one ever after 2007 and 2008. Both those years had greater number of applications with over 190,000 and 160,000 respectively. So this year based purely on numbers, assuming your application and employment is all fine as well as you as the candidate you would seem to have a 75% chance of having your application assessed and hopefully then approved. There is also a portion of junk applications as well so your chances might be even better than that and certainly better than H1B candidates in 2007 and 2008.

However this is not an easy time for H1B applicants, their family and friends and even their employers. This highlights all that is wrong with the current US Immigration policy where high qualified candidates who will help the US economy as has repeatedly been proven in studies could be sent home when there is over abundance of need and shortage of supply of local candidates.

Note this should not be confused with the Green Card Lottery which is a true lottery based almost exclusively on luck and awards about 55k Green Cards annually to those that enter.

Good luck to all the H-1B applicants in 2013!

Cj

US Immigration Reform: Why The Future is Bleak for Foreigners (and ultimately all Americans)

We often get asked here why things never seem to change in terms of US Immigration Reform and thus why we continue to have situations like;

– High Skilled Immigrants waiting for over 10 years in Waiting Lists to get their Green Card
Foreigners forced to stay in same jobs and forgo promotions, new jobs, help innovation and pay increases for 10+ years (and thus allowing critics to say foreigners are depressing wages)
– Companies like Microsoft are forced to open their R&D innovation center across the border in Canada where the skilled immigration laws are logical (therefore lost tax revenue for the US and less US jobs)
52% of Silicon Valley Companies have at least one immigrant co-founder employing hundreds of thousands of Americans and contribute billions of tax dollars to all Americans (inc. Google, Intel, Facebook, Yahoo, eBay, Paypal, etc.) yet we are forcing these companies to now base themselves overseas
– 84% of the Green Cards issues each year are for family and diversity reasons with only 16% awarded to high skilled talent (this compares poorly with countries like Canada, Australia, etc. where most permanent residents are high skilled talent)
– Thousands of dollars, long application processing periods and illogical visa criteria mean that foreigners constantly live in a state of fear in US
Illegal Immigration continue to remain an issue with no practical solution ever proposed and implemented and thus the issue of Legal Immigration continues to be pushed back

Vivek Wadhwa, who we often reference here has written a piece for the Washington Post about by Americans are so afraid of Immigrants. The reality is that this anti Immigrant sentiment in the US has existed throughout its history, it is just that the target group has changed. The Irish, Africans, Germans, Italians, Russians, Japanese and Jews were all big targets in days gone by for harsh treatment, bad feeling and sometimes actual law prohibiting them doing things. Today it is the Indians & Chinese that largely feel the brunt of anti immigrant sentiment on the legal side and Mexicans on the illegal side.

If you read Mr Wadhwa’s column and the comments underneath as well as watch the video there you will realize why this issue has no end in sight despite what President Obama and Republican Presidential nominee Mitt Romney may say in this Presidential year. Public sentiment in the US in this bad economic period regarding Immigration is low on both sides. There are loud anti-immigrant voices on both sides. On one hand on the right just so myopically focussed on building fence on the southern border and deporting any illegal in site. Then on the left unions and other workers blaming immigrants for their own bleak economic predicaments rather than the American politicians, American CEOs of bankrupt, bailed out and major layoff companies and the wider American populace for running up huge debt.

From a politicians perspective, Immigrants are never a constituency they have to worry too much about because they can’t vote. Generally it is half measure like President Obama’s recent directive to de-prioritize deportation of low risk illegal immigrants (i.e. children) to appeal to the large Latino populace in the country who are often friends and family of these illegal immigrants particularly in important swing states like Florida, New Mexico, Nevada and Colorado. There were 400,000 immigrants deported in 2011, mainly of Hispanic descent and this was clearly a politically motivated decision in terms of timing in an election year.

Because of the medium term benefit of having a pro skilled immigration policy being years in advance (i.e. Sergei Brin studies for 4 years at Stamford, co-founds Google in 1996 which goes public in 2004) not fitting into with the 2-6 year cycle of electing Congressmen, Senators and Presidents, the political will is also low.

While it is the Immigrants who pay the initial price for the status quo and Immigration reform inaction, it is ultimately all Americans that will feel the  brunt of the terrible policies of today. However if you are an Immigrant in the US today continue to persevere in your dream to live in the US regardless of the tough journey that lays ahead. Know that there are thousands of people going through exactly what you are experiencing, having the same questions and fears and enduring the same frustrations and anger that you have each day.

There is small pockets of movements in more modern companies looking at a more egalitarian approach to employment and actively learning more about foreign immigration rules. Hopefully more of these companies and leaders become the giants of tomorrow and are able to effect change. Although Bill Gates and Warren Buffet are huge advocates of much greater foreign immigration for prosperity in the US and even their considerable power and influence hasn’t changed much.

Cj