The H1B Visa Lottery System

Visa Info, , , , , ,

I have generally tried to write a post very second day but I felt compelled today to share something I read today (in addition to my own thoughts) on another US Visa information blog written by a lawyer. His name is Jacob J. Sapochnick and is a San Diego based Immigration Lawyer.

Anyway the H1B Visa lottery is a system devised because in recent years, the 65,000 visas there are available have been oversubscribed with eligible candidates. Thus a lottery system was devised to sort out the lucky candidates from the unlucky ones. Additionally the 20,000 extra visas available for holders of US Masters Degrees have also become oversubscribed and thus it has undergone a lottery system too.

Each year on April 1, applications are able to be sent to the USCIS and in last couple of year over 100,000 applications have been received on the first day alone. October 1st is the first day a winning candidate can actually start to work that same year under the H1B visa so it is not instant either even after you receive positive news and apply for a visa or trasnfer from you current one.

Apart from the fact that so many more people want to come to and work in the US than there are actual vacancies set down by law, another reason that the H1B becomes oversubscribed is within the H1B cap, a portion is allocated just to Singaporean and Chilean citizens under Free Trade Agreements they have with the USA. So the actual number of visas avilable annually is actually smaller than the 65,000 for most of the world.

Canadian and Mexican citizens with their respective TN visas and Australian citizens with their E3 visas have general US working visas options beyond the H1B as well. However as these countries don’t form the bulk of the H1B visa applications anyway as say Indian and Chinese citizens it really doesn’t improve the chances much of the average foreigner applying for the H1B visa and then undergoing the lottery system.

Also some organizations like government, education and non-profit are cap exempt so filing under these companies, your petition is assessed on its own merits and not additionally on whether there are any spaces left.

What Tips Can Improve Your Chances?

Well Mr. Sapochnick suggests a couple which I will summarize here;

1. Ensure that all documentation is submitted in your petition
2. Do your petition in a timely manner ( I agree and see no reason why April 1 should not be your goal in most circumstances)
3. Ensure it is sent to the correct USCIS adjudication center for your region

Major Tip: Consider filing multiple petitions from same employer if you can. For example if you have a US Masters degree file under both the main visa quota as fell as the additional cap for masters degree holders. If your company has multiple subsidiaries or parent companies, file additional petitions under their Employment Identification Numbers (EIN). The theory here is that, more petitions in the lottery increases your chances.

My additional advice not based on anything other than anecdotal evidence is that utilizing the premium filing system I discussed in other posts more thoroughly whereby you processing is expidited and your attorneys have contact details of yoru assessing case officer does not hurt at all. Of course there is an additional $1,000 for this route.

Anyway I wish you well in your H1B visa petition and thus H1B visa lottery for 2009 or 2010 or beyond and hope you get all that you desire!

CJ

Laid Off on an E3 or H1B Visa

US Life, , , , , , ,

Unfortunately it is the story of the day, the month and hey the year. We just find out today that a record almost 600,000 jobs were lost in the US in January alone. The current unemployment rate is now 7.6%. Many of those included foreigners on US working visas and the road is mcuh tougher for all of us in this category. 🙁

The two major problems that foreigners on working visas face compared to a fellow US citizen or resident who may have been laid off is;

  1. No access to Social Security Benefits or any sort of unemployment support or safety net
  2. Extremely Limited to time to find new employment and change visa legally without having to leave the US

Essentially this means if you are in this unfortunate predicament you have to bear all the costs from any savings you have of your regular expenses and finding a new position while trying to do it in record time and fit in with the regulations.

In actuality as you only are allowed to be out of employment legally for 10 days, you really don’t have any time to find a new position and transfer your position if, as most lay-offs are, sudden and unexpected.

Now many employers are very understanding in these situations given in an ideal world they never wanted to let you go having gone through so much for sponsorship to get you in the first place, that officially they will keep your position open even if you are not in it, allowing you time to find a new role and thus technically not be out of work for more than 10 days. They don’t have to do this but many do so request this if you can to buy you time.

There is no advice I really have in terms of finding a position than what you already did to get your initial role. If you were smart and dedicated enough to find a position in the US to begin with, I have no doubt, given the time and financial ability, you will find a position again even in this economy. There are positions out there…you only have to look at major job sites.

Hey even despite the gloomy numbers of January employment loss in the US, the health industry recorded an increase in positions so choose your target area wisely.

As for the situation of financially supporting yourself through this ordeal, paying your rent, etc. Well this is a decision you will have to make as it really depends how much you have, who you have to support and what your and the size of your obligations are. Like Americans it is probably a good time to live below your means for a while, save a little more. Your other problem is the US Dollar is getting stronger meaning transferring money over here from abroad buys you less.

I am sorry unlike other posts I didn’t have more advice for you but I wanted to at least address the current situation so you know the basic facts of what you can and can’t do and the basic tip about the employer holding your role open while you search.

I feel for you if you are in this situation and wish you well and a speedy find to continue your adventure…..

CJ

EDIT: There is one other option I recently was made aware of if you want to remain in North America but not specifically the US. The Alberta Immigrant Nominee Program for Canada is seeming to take more and more people in who had been laid off on a H1B or E3 visa. You don’t need a job offer or sponsor to get this visa as you can loof for work after entering if you are in this broad range of job categories. I am certainly no expert on it but hear it could be a good option and a fast track to permanent residency in Canada.