H-1B visa applications drop by almost 40% as US tightens rules for skilled workers

H-1B visa lottery applications dropped 40% due to measures against fraud. Rules restrict multiple entries, ensuring fairness. Major tech firms employ visa holders, but critics raise concerns about wages and labor protections.

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The number of lottery applications for H-1B visas, crucial for highly educated workers, saw a significant decrease of nearly 40% this year, according to an announcement made by U.S. Citizenship and Immigration Services (USCIS) on Tuesday. The decline has been attributed to a crackdown on attempts to "game the system" through multiple applications by individuals seeking to unfairly increase their chances of selection.

"Our initial data suggests that there were far fewer attempts than last year to gain an unfair advantage owing in large measure to the implementation of the beneficiary-centric selection process," USCIS said in a statement.

"We are reviewing the FY 2025 data for any attempts to gain an unfair advantage through the beneficiary-centric process. We will deny or revoke any petitions and make law enforcement referrals for criminal prosecution accordingly," they said.


In the recent lottery held at the end of March, the government received 470,342 entries, marking a 38% drop from the previous year's 758,994 entries. While the overall number of workers applying remained relatively stable — about 442,000 this year compared to 446,000 last year — the reduction in multiple applications suggests that stricter rules are effectively curbing fraudulent practices.

These new rules were introduced after companies and individuals were found to be submitting multiple applications, sometimes through collaboration, to boost their chances of success.

"Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, we have already undertaken thorough fraud investigations, denied and revoked petitions accordingly, and continue to make law enforcement referrals for criminal prosecution," the immigration agency added.
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The H-1B visa program, established in 1990, is designed for workers with a bachelor's degree or higher in fields experiencing labor shortages, particularly in science, technology, engineering, and math (STEM). While the program provides much-needed talent for U.S. companies, critics argue that it can lead to lower wages and fewer labor protections. Major technology firms, including Infosys, Amazon, Microsoft, Apple, Meta, and Google, are among the top employers of H-1B visa holders.

The increase in lottery bids over the past few years, fueled by a $10 electronic registration fee and the removal of the requirement to submit physical paperwork for initial registration, opened the door for misuse. USCIS reported instances where one person submitted bids for as many as 83 job offers in a single year. The new rules, aimed at restoring fairness, ensure that each worker has only one opportunity in the lottery, regardless of the number of job offers they receive.

"We want to make sure that it's in the hands of people who are going to use it and help the nation, and we realized that the gaming of the system was not helpful for anybody," USCIS Director Ur Jaddou said.
H-1B visa application process: A step by step guide
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To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about your options.



Your sponsor can be your current or a new employer, as long as they're willing to support your application.
To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about ..
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Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial and serves as a guarantee that the company will follow specific rules, such as paying the prevailing wage and not negatively impacting US worker opportunities.



However, before getting the LCA approved by the DOL, the company must go through certain mandatory steps. These steps involve providing details about the job, ensuring proper wage standards are met, and meeting legal requirements to protect the rights of both the foreign worker and US workforce.
Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial an..
Read More

To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and should be met by the employer. If not, a wage determination is required.



There are three ways to find the prevailing wage:
1. National Prevailing Wage and Center (NPWC): This is the most reliable and recommended option - it offers "safe harbor status," meaning employers using the NPWC wage are less likely to face legal challenges related to underpaying workers.

2. Independent survey: An independent and credible source can conduct a wage survey to determine the prevailing wage.

3. Other legitimate sources: While possible, using other sources (besides the NPWC) is generally not advised due to potential legal risks.
To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and sho..
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Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Department of Labor (DOL). This application must be electronically submitted using the Foreign Labor Application Gateway (FLAG) system.



The submission should not exceed a six-month timeframe from the commencement date of the employment period.

In cases where employers face physical disabilities or lack internet accessibility, an alternative option is available. They may seek permission from the Office of Foreign Labor Certification (OFLC) for special consideration to submit their ETA 9035 application by mail.
Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Depart..
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After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for Nonimmigrant Worker. It is crucial for the employer to attach an employment letter containing precise details such as the position's duties, employment dates, comprehensive job description, offered salary, position requirements, and contact information.



Supporting documents for the foreign employee, including academic qualifications, training certificates, membership records, resume, and a letter of support, should be included.

The final stage in the H-1B visa application process involves monitoring the petition's status. This can be done by entering the receipt number into the USCIS website. As soon as USCIS processes and records your application, they will update the status on their system.
After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for N..
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After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps will change.

After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps..
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If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from engaging in any employment activities until your status has officially transitioned.



To obtain an H-1B visa stamp, the process involves submitting DS-160 and scheduling a visa stamping appointment within 90 days before your intended start of work in the US This option is applicable to individuals already holding a valid nonimmigrant status, such as O-1, J-1, or L-1 status.

Alternatively, if you are currently residing in the US, you can opt for consular processing. This route requires traveling back to your home country to get the visa stamped at the US embassy or consulate there. It's important to note that consular processing entails additional applications and documentation. Additionally, there is a chance of administrative processing, which may potentially cause delays in your employment commencement.
If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from ..
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Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Following the approval of the I-129 form, the next step is to submit a nonimmigrant visa application at a US embassy or consulate in one's home country.

This process requires specific documentation and a face-to-face interview at the embassy or consulate. Upon successful visa issuance post-interview, the individual becomes eligible to travel to the United States.

The granted visa serves as a valid travel document to enter the United States. However, approval to enter the country is still required upon reaching a port of entry. Additionally, each visa comes with an expiration date, necessitating entry into the US before this expiration. Upon arrival at the airport or border, permission from the US Customs and Border Protection (CBP) is required for admission to the United States as an H-1B visa holder.

Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Followi..
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