7.5 C
Alba Iulia
Wednesday, April 1, 2020

Now its Official, No change in H-1B visa norms this year

Must Read

ICCMIA 2018 (International Conference on Clinical and Medical Image Analysis) by Karunya Institute of Technology and Sciences

ICCMIA 2018 - International Conference on Clinical and Medical Image Analysis by Karunya Institute of Technology and Sciences, Coimbatore...

Technovation 2018 by Ajay Kumar Garg Engineering College, Ghaziabad, Uttar Pradesh

Technovation 2018 - The event is planned with different theme based technological challenges to facilitate participation from different categories...

TWO DAYS WORKSHOP ON SMART SYSTEMS, UAV & ITS APPLICATIONS

International Institute for Aerospace Engineering & Management ( IIAEM), Jain university in association with Indian National Academy of Engineering,...

It’s official, there will be no change in H-1B visa norms this year. The US Citizenship and Immigration Services (USCIS) authority announced this earlier this week.

The announcement is surely good news for Indian IT companies who traditionally have been the biggest recipient of these visas and have been dreading a change in visa policy since President Donald Trump came to power.

No change in visa rules for this year means that IT companies can benefit from the existing H-1B visa policy for their workers for another year.

A US court has dismissed a lawsuit that challenged the lottery system adopted to determine successful applicants for H-1B visas, the most sought after by Indian IT firms and professionals.

The ruling by a federal judge in Oregon means that there will be no change in the H-1B visa issuance process for the fiscal 2018 which begins on April 3.

As a result, successful H-1B visa applicants are expected to be determined by the US Citizenship and Immigration Services (USCIS) through a lottery system.

The USCIS receives more applications for H-1B visas than the Congressional mandated limit of 65,000 in the general category and another 20,000 for those foreign students who have masters or higher degree from a US academic institution.

The case against the lottery system was filed by two firms from Portland — Tenrec Inc, a web development company and Walker Macy, a landscape architecture firm.

In its 31-page order last week, US District Court Judge Michael Simon upheld the USCIS’s argument that a H-1B visa application is not considered as filed unless a lottery determines it.

“Because Congress left to the discretion of the USCIS how to handle simultaneous submissions, even if petitions are considered ‘filed’ immediately upon delivery, the USCIS has discretion to decide how best to order those petitions,” Simon said.

“Plaintiffs offer no suggestion of how to order 150,000 petitions being delivered on the same day that is less arbitrary than a random computer selection. If a carrier delivers bags of envelopes containing petitions, it is just as arbitrary to order them based on how the envelopes are removed from the delivery bag as it is to randomly select the petitions from a computer,” the judge said.

The USCIS resorts to a computerized draw of lots if the number of H-1B visa applications crosses the Congressional allotted quota in the first five days after it starts accepting the petitions every year in the month of April.

“The Court recognizes that the practical implication of this rule is that every petition will be subject to the random computer-generated selection process in years when the numbers of petitions needed to meet the statutory cap are met in the first five days,” the judge said.

Attorney Brent Renison, who represented the two Portland companies said the court did not say the lottery was the best way to distribute visas, only a permissible way.

“While we disagree with the court’s ultimate ruling which defers to the agency, we note that Congress can change the system for the better,” he said.

- Advertisement -

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisement -

Latest News

ICCMIA 2018 (International Conference on Clinical and Medical Image Analysis) by Karunya Institute of Technology and Sciences

ICCMIA 2018 - International Conference on Clinical and Medical Image Analysis by Karunya Institute of Technology and Sciences, Coimbatore...

Technovation 2018 by Ajay Kumar Garg Engineering College, Ghaziabad, Uttar Pradesh

Technovation 2018 - The event is planned with different theme based technological challenges to facilitate participation from different categories of talent. The theme-based Exposition...

TWO DAYS WORKSHOP ON SMART SYSTEMS, UAV & ITS APPLICATIONS

International Institute for Aerospace Engineering & Management ( IIAEM), Jain university in association with Indian National Academy of Engineering, NDRF, NAL, SIATI, IAI, Rotary...

Inspirational Story of Srikanth Bolla – Rejected by IIT, Shrikanth Bolla is CEO of a Rs 50 Crore Company

He is Srikanth Bolla, a 24-year-old blind entrepreneur from Hyderabad. When he was born, his parents, who were earning Rs 20,000 in a year,...

Bank Clerks Career Path & Growth Public Sector Banks | Clerks Recruitment 2017

Bank Clerks Career - Career Path, Growth and Prospects in Public Sector Banks | Career in PSB's as Clerks Bank Clerks Plays a major role...
- Advertisement -

More Articles Like This

- Advertisement -