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Will the H-1B lottery be based on the highest wages? – FiratNews

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Sophie Alcorn

Sophie Alcorn is the founding father of Alcorn Immigration Legislation in Silicon Valley and 2019 International Legislation Specialists Awards’ “Legislation Agency of the Yr in California for Entrepreneur Immigration Providers.” She connects individuals with the companies and alternatives that increase their lives.

Extra posts by this contributor

Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.

“Your questions are very important to the unfold of data that enables individuals everywhere in the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or looking for a job in Silicon Valley, I’d like to reply your questions in my subsequent column.”

FiratNews+ members obtain entry to weekly “Expensive Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.

Expensive Sophie,

I graduated in December, and I’m at present engaged on OPT for an early-stage biotech startup. I’m undecided how a lot my employer is aware of in regards to the H-1B lottery course of or if they’re planning to place me within the lottery.

I heard that the subsequent lottery won’t choose H-1B candidates primarily based on the very best salaries paid. What else ought to I do know?

— Gifted Grad

Expensive Gifted,

It’s nice that you simply’re considering forward to the lottery! I not too long ago chatted about the way forward for immigration, together with work, local weather change and extra with futurist and inventor of the BANI Framework Jamais Cascio. This podcast sheds some mild on the context of the worldwide high-skilled immigration and future developments affecting the worldwide labor marketplace for the U.S. particularly.

For H-1B and different authorized questions, as all the time, I like to recommend that your employer work with an skilled immigration legal professional to information you thru the petition course of.

No wage-based H-1B lottery but!

The H-1B lottery in March will stay a random choice course of, at the very least for now. In September, a federal district courtroom decide invalidated a last rule issued by the U.S. Division of Homeland Safety, which oversees U.S. Citizenship and Immigration Providers (USCIS), that will have modified the H-1B lottery from a random choice course of to 1 that prioritized the very best wages. A wage-based choice course of for the H-1B lottery would have deprived cash-strapped early-stage startups and up to date college graduates, who sometimes earn entry-level wages.

In accordance with an evaluation by the Nationwide Basis for American Coverage, a random H-1B lottery course of makes worldwide college students and graduates 54% extra more likely to get chosen to use for an H-1B in comparison with a wage-based choice course of.

Nevertheless, the Biden administration has supported a wage-based H-1B lottery system, so the Division of Homeland Safety may in the future attempt once more to push for the change.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a FiratNews logo.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)

Registration for the lottery

As you already know, the H-1B visa requires an employer to sponsor you, so make sure that to debate sponsorship together with your employer as quickly as potential so that you simply each can put together. If your organization doesn’t have already got an immigration legal professional, they might want to interact one ASAP. The legal professional will stroll them by means of creating a web based USCIS account to register you and every other candidates they’d like within the lottery. Your organization must pay the $10 non-refundable payment to register every candidate.

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