The recipient of the unsuccessful beneficiaries (candidate for whom the H-1B visa application is submitted by sponsoring employers) has another opportunity to be chosen as US citizenship and immigration services (USCIS) conducting a second round of random selection, commonly known as the lottery.
This will be very useful for stem-opt students who already exist in the US and who transition to the H-1B visa, say immigration experts.
This is the second year in a row when USCIS conducted a second round of the lottery to meet the H-1B hat quota.
International students from the fields of science, technology, engineering and mathematics (Batang), after the settlement of their studies, can gain work experience of up to three years under an optional practical training program (OPT).
In some cases, the current employer where they are undergoing the training sponsor them for the H-1B visa, allotment based on the chosen in the lottery.
According to the latest open door reports available, for 2019-20, almost 18 percent of the total international student contingent (or 1.93 lakh) came from India.
About 81,173 was involved in the OPT program.
In a statement released on Thursday, USCIS said, “We recently decided that we need to choose additional registration to reach the fiscal year 2022 numerical allocation.
On July 28, we chose random electronic registration using a random selection process.” According to USCIS, the archiving period for those chosen in the second round of the Lotere will begin on August 2 and close on November 3 commands against US citizenship and immigration services (USCIS) have been moved, to stop the possibility of the second lottery of H-1B to come for the fiscal year (TA) 2022.
As reported by the previous toi, a group of 510 foreign nationals (including India (including India), which were not chosen in Fiscal 2022 (the year ended September 30, 2022), during the H-1B registration period, sponsoring entrepreneurs had sent 3 , 08 LAKH registration – which is 12 percent more than what was reported in the archiving season for the previous year.
Previously, USCIS had chosen 87,500 registration in the Lottery Cap to meet an annual quota of 85,000, providing concessions to revocation and rejection.
This is 28 percent of the number Total registration received.
The initial archiving period to send a detailed visa application for me Reka selected originated from April 1 to 30 June.
Under the e-registration system introduced last year, after registering the basic details of the beneficiary and only posting lotteries, the employer needed to submit a detailed visa application for the selected.
The ongoing pandemic and travel ban may have caused several employers not to advance with archiving, producing USCIS which imitated the second lottery.
Immigration lawyers show that this is good news for those in the US who are eligible to change status to H-1B.
However, travel prohibitions – in India and several other countries – will submit a challenge to sponsor employers and employees.
Obtaining the release of national interests (NIE), which allows individuals to travel to the US, not easy, they add.
Meanwhile, a group of 500 strange plaintiffs, including those from India, had moved to the court to find the initial order against USCIS to stop the possibility of the second lottery to come for H-1B Cap Visas.
The reason is that the registration process allows several applications to be submitted for the same individual, and therefore illegal under law and full of fraud and abuse.
Considering that the second lottery process has begun, they can pursue further legal treatment.