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ImmIGRATION APRIL 09, 2021 | The Indian Eye 40

end the arbitrary H-1B Lottery and visa Quotas –

and other practical considerations for the winners!

cYrus d. MeHTa made out of a record nies from being able to ticulated in the Trump And even if the lottery is
and KaiTLYn BOx* number of what is be- meet demand and re- administration’s H-1B skewed towards those of-
O n March 30, total registrations. global market. It is also “Modification of Regis- in the occupation, it still
lieved to be over 300,000 main competitive in the
lottery final rule entitled fered the highest wages
2021,
This lottery system is highly unfair for both tration Requirement for continues to remain a
USCIS
announced that an unfair barrier to U.S. employers and the for- Petitioners Seeking to game of chance.
it had received suffi- employers who rely on eign workers they wish to File Cap-Subject H-1B Although some af-
cient H-1B registrations the H-1B visa program hire to first be fortunate Petitions”, worsens the filiated with respect-
during the initial period to employ highly-skilled enough to be selected in problems with the H-1B able think tanks like the
to reach the Fiscal Year workers. Subjecting em- a lottery, and then have visa program rather than Economic Policy Insti-
2022 cap, including Mas- ployers to the game of to wait until October 1 to solving them. As we have tute attack the H-1B as
ter’s Cap registrations. chance that is the H-1B commence employment. discussed in a prior blog, a source of cheap labor,
All prospective petition- lottery renders the pro- The only way to en- a wage based preference they are wrong. Dan-
ers whose registrations cess of planning for sure that the United system would practical- iel Costa and Ron Hiro
were selected should the future and meeting States continues to at- ly foreclose numerous of the Economic Policy
now have been notified. staffing needs unneces- tract the best and bright- categories of noncitizens Institute, for example,
These petitioners may sarily complex for U.S. est talent worldwide is workers who are highly suggest that H-1B em-
file H-1B petitions for employers, particularly to eliminate quotas and skilled but do not earn ployers “use the program
the selected beneficia- when the selection rates lotteries from the H-1B overly high salaries from to pay migrant workers
ries beginning on April 1, are as low as this year’s program. As discusses pursuing the H-1B visa well below market wag-
2021. At this time, many selection numbers. In by Stuart Anderson in as an option. Entry lev- es”, but a recent Center
petitioners are seeing fields like the tech indus- a recent Forbes article, el workers, for example, of Growth and Opportu-
that less than 1/3 of their try, where the need for highly-skilled noncitizen including talented grad- nity paper suggests that
registrations have been highly-skilled workers workers promote inno- uates of U.S. universi- skilled immigrants hold-
selected, a remarkably exceeds the number of vation and economic ties, have the potential ing temporary work visas
low selection rate. The qualified U.S. workers, growth in U.S. markets. to greatly contribute to have a wage premium of
selections for a total of the unduly restrictive cap Even the oft-maligned the U.S. economy over 29.5 percent compared
85,000 H-1B slots were numbers hinder compa- IT consulting companies, the course of their ca- to similar natives. H-1B
which employ high num- reer, but are not likely to lotteries, whether quota
bers of H-1B workers, be paid extremely high or wage based, limit the
serve a critical role in the wages. Entrepreneurs United States’ ability to
U.S. economy by provid- who start their own com- attract the most skilled
ing reliable and inventive panies bring innovative foreign workers. Those
IT solutions to U.S. com- businesses to the United who are truly concerned
panies. Employing H-1B States and create jobs if for the wellbeing of the
workers allows consult- they are successful, but U.S. economy under-
ing companies flexibili- their startups may not be stand the key role that
ty, as well as the ability able to afford to pay them highly skilled foreign
to provide top talent at an overly high wage. workers play and would
affordable rates and re- Similarly, employees of want to encourage top
spond to changes in the non-profit organizations talent from all over the
market. Though some- tend to command mod- world to come to the
times pejoratively re- est salaries, but perform United States. One ob-
ferred to as “job shops”, meaningful and signifi- stacle to H-1B workers
IT consulting companies, cant work in the United was already removed
in truth, promote ingenu- States. Allocating H-1B when Proclamation
m of ity by providing a source workers to the highest 10052, which suspended
CYRUS D. MEHTA & PARTNERS PLLC of technical expertise earners will, in the long the entry into the U.S.

that can quickly respond run, deter highly-skilled of many H-1B and other

to the evolving needs of noncitizens from pursu- nonimmigrants, was al-

  the U.S. market. ing employment in the lowed to lapse on March
   
­
€
‚   Some have suggest- United States, which will 31, 2021. This Trump-era
ed that the solution is to be detrimental to the ban further obstructed
allocate H-1B visas to United States’ economy the flow of skills into the
the highest wage earn- and competitive advan- United States. Ironically,
2 6th Floor

    ers but this system, ar- tage in the global market. it also impeded the ability

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