Would a Trump win abolish the H-1B visa lottery? – ProWellTech

Would a Trump win abolish the H-1B visa lottery? – ProWellTech

Tuesday’s election could decide whether to add new restrictions

Here is another edition of “Dear Sophie,” the advice column that answers questions related to labor immigration in technology companies.

“Your questions are critical to the dissemination of knowledge that enables people around the world to push boundaries and pursue their dreams,” says Sophie Alcorn, an immigration attorney in Silicon Valley. “Whether you are in people ops, a founder or looking for a job in Silicon Valley, I would love to answer your questions in my next article.”

Extra Crunch members have access to the weekly “Dear Sophie” columns; use the promotional code ALCORN to purchase a one or two year subscription with a 50% discount.


Dear Sophie:

I’ve heard the H-1B randomness is disappearing. What will this mean for our startup’s ability to obtain an H-1B visa for one of our co-founders?

– Curious in Cupertino

Dear Curious:

A lot of things on immigration this week (as usual!). First, good news for green card applicants: the November 2020 Visa Bulletin hasn’t changed since October, when the dates for submitting a status adjustment request increased significantly for people born in India and China.

About the H-1B Lottery: The Department of Homeland Security (DHS), which oversees the United States Citizenship and Immigration Services (USCIS), this week proposed a rule that ends the H-1B random lottery; instead, USCIS will determine who can apply for an H-1B visa based on the highest salary. DHS says this change “will incentivize employers to offer higher wages.”

The number of H-1B visas issued each year is limited to 85,000. Currently, when demand for H-1B exceeds annual supply, as has been the case since 2013, USCIS uses an electronic random lottery to determine who can claim an H-1B. For the first time this year, sponsoring companies electronically registered every H-1B candidate for the March lottery.

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