H-1B Visa Lottery Bids Plummet After U.S. Crackdown on System Abuse
Lottery bids for H-1B visas,
which allow highly educated workers to work in the U.S., have decreased by
nearly 40% this year following a government crackdown on individuals and
companies “gaming the system” with multiple applications. This significant drop
reflects a successful effort to reduce fraudulent practices and level the
playing field for all applicants.
The Issue: Gaming the System
In recent years, major
technology companies have faced challenges due to massive increases in H-1B
visa lottery bids, which left many employees and prospective hires with slim
chances of winning the lottery. The U.S. Citizenship and Immigration Services
(USCIS) identified likely fraud and abuse, where individuals submitted multiple
applications to unfairly increase their chances of selection. In one extreme
case, a person submitted bids for 83 job offers in 2022.
New Rules and Their Impact
To combat this issue, USCIS
implemented a rule change this year allowing each employee only one entry in
the lottery, regardless of the number of job offers they received. As a result, the number of entries for this
year’s lottery dropped to 470,342, a 38% decrease from 758,994 entries last
year. The actual number of workers who applied remained
relatively unchanged, indicating a sharp reduction in multiple applications.
The Background: H-1B Visa Program
The H-1B visa program,
established in 1990, targets individuals with a bachelor’s degree or higher in
fields that are hard to fill, particularly in science, technology, engineering,
and mathematics (STEM). Critics argue that these visas allow companies to pay
lower wages with fewer labor protections. Despite this, H-1B visas remain a
crucial tool for companies seeking highly skilled talent from around the world.
Top Employers and the Impact of Changes
Infosys, an Indian
technology outsourcing firm, topped the list of H-1B employers in 2023, with
major tech giants like Amazon, Microsoft, Apple, Meta, and Google also among
the top ten. These companies have been pressing for changes to ensure a fairer
process, as the previous system hindered their ability to secure necessary
talent.
Intel Corp., for example,
reported in October that its winning rate for H-1B visas had “steadily
plummeted,” impacting its efforts to expand semiconductor design and
manufacturing in the U.S. The tech industry welcomed the recent changes, hoping
for a more equitable distribution of visas.
Criticisms and Calls for Further Reform
While many welcomed the
changes, critics argue they do not go far enough. The AFL-CIO and other labor
groups advocate for comprehensive reforms, such as awarding visas based on
wages rather than a random lottery, a change that former President Donald Trump
supported during his tenure.
The AFL-CIO wrote to USCIS
that the new lottery system “includes some steps in the right direction, but
falls well short of the comprehensive reforms that are needed.” They emphasize
the need for a system that prioritizes higher wages and better protections for
workers.
Moving Forward: Ensuring Fairness in the
H-1B Program
USCIS Director Ur Jaddou
highlighted the urgency of addressing the system’s flaws, stating at the South
by Southwest festival in Austin, Texas, that ensuring fairness could not wait
another year. The agency discovered some companies were collaborating to submit
multiple bids for the same applicants, further underscoring the need for
reform.
Jaddou emphasized the goal
of making sure H-1B visas go to those who will use them to benefit the nation.
“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,” she said.
The reduction in H-1B visa
lottery bids marks a significant step towards a fairer and more transparent
process. While the recent changes have been welcomed, there remains a push for
further reforms to ensure the H-1B program meets its original intent of
attracting the best and brightest talent to the United States. As the debate
continues, it is clear that maintaining the integrity of the H-1B system is
crucial for both employers and workers in the highly competitive global tech
industry.
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