The H-1B cap lottery is likely to have its worst year ever in 2023. According to experts, the number of registrations for approximately 85,000 new H1B visa petition approvals this year could reach 500,000. In a recent post, a US immigration lawyer named Robert Webber provides additional explanations for the same. Check out this.
Electronic Registration: H1B Visa 2023
The system, which was first launched in 2020, is a great idea in theory because it has the potential to simplify the entire procedure for employers. However, in reality, it is quite impractical
The new system allows for a great deal of speculative filing, which may have been restricted by the older system due to the use of entry barriers. The number of filings has skyrocketed now that there is no barrier to entry.
In 2021, the number of registrations went from 274k up to 308k, and in 2022, the same stood at 483k.
The US job market remains robust:
The US Department of Labor reported on Friday that the economy of the United States added 223,000 jobs. That is, there are 1.7 jobs available for each applicant.
Since one of the ‘easiest ways to get into the job market’ is to have a consulting company sponsor you for an H-1B, the demand is likely to rise further now that the United States has a robust economy.
H1B Visa Layoffs at tech companies:
Even if an F-1 student is already employed by Amazon, Twitter, or Meta, their chances of being selected in the lottery are bleak amid high-profile tech layoffs.
In addition to having the ‘regular’ risk of not being chosen in the lottery due to excess demand. You have the additional risk that even if chosen, your position might be eliminated,” he said.
Previous year’s lottery losers:
From March 2022 on, a record number of people registered for the lottery, resulting in a record number of lottery losers. Additionally, many of them plan to try again this year.
Slow PERM labor certification process:
Employers are willing to sponsor some graduates from countries other than India and China for PERM. They then try to get them through PERM, through the I-140/I-485 process, and into an EADAP work/travel document without having to deal with the H-1B cap.”
The procedure is extremely slow, despite the clever strategy. Therefore, if the F1 to green card process does not take place, these candidates will also push for H-1B sponsorship.
Then, for those going from F-1 to EB-2 NIW to a green card, or being sponsored for a green card through PERM. Additionally, even if these candidates have enough time to get to the I-140 stage. The emerging issue of Visa Bulletin cut-off dates for ROW (Rest of World). This means that individuals who would like to do an end-run on the H-1B cap lottery are unable to do. So, adding yet another group of individuals seeking the finite capped visas.