Monday, May 13

U.S. company raises ‘serious concerns’ about tech visa lottery

BERKELEY, Calif. (AP) — The variety of functions for visas used within the know-how business soared for a second straight 12 months, elevating “serious concerns” that some are manipulating the system to realize an unfair benefit, authorities stated Friday.

There had been 780,884 functions for H-1B visas on this 12 months’s computer-generated lottery, up 61% from 483,927 final 12 months, U.S. Citizenship and Immigration Services stated in a message to “stakeholders.” Last 12 months’s haul was up 57% from 308,613 functions the 12 months earlier than.

Each 12 months, as much as 85,000 persons are chosen for H-1B visas, a mainstay for know-how giants comparable to Amazon.com Inc., Google dad or mum Alphabet Inc., Facebook dad or mum Meta Platforms Inc. and International Business Machines Corp.

Last 12 months, the federal government started requiring employees who received the lottery to signal affidavits stating they didn’t attempt to sport the system by working with others to file a number of bids beneath completely different firm names, even when there was no underlying employment provide. By profitable no less than as soon as, these firms may market their providers to know-how firms that wished to fill positions however didn’t have visas, successfully turning into labor contractors.

“The large number of eligible registrations for beneficiaries with multiple eligible registrations – much larger than in previous years – has raised serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary. This may have unfairly increased their chances of selection,” the company wrote.

The company stated it has “undertaken extensive fraud investigations” based mostly on lottery submissions from the final two years, denied some petitions and is “in the process” of referring some circumstances to federal prosecutors for doable crimes.

The variety of registrations tied to individuals who utilized greater than as soon as rose to 408,891 this 12 months from 165,180 final 12 months and 90,143 the 12 months earlier than.

“We remain committed to deterring and preventing abuse of the registration process, and to ensuring only those who follow the law are eligible to file an H-1B cap petition,” the company stated.

H-1B visas, that are utilized by software program engineers and others within the tech business, have been a lightning rod within the immigration debate, with critics saying they’re used to undercut U.S. residents and authorized everlasting residents. They are issued for 3 years and may be prolonged one other three years.

Technology firms say H-1Bs are essential for hard-to-fill positions at the same time as they’ve needed to lay off employees in different areas. As the variety of functions have soared within the final two years, main firms have seen profitable lottery submissions dwindle.

Andrew Greenfield, a associate on the regulation agency Fragomen, which represents main know-how firms, stated the rise in functions is “bizarre” given widespread layoffs within the business. His shoppers had a roughly 15% success price on lottery entries this 12 months, down from about 30% final 12 months.

“It’s devastating,” Greenfield stated. “Our clients are legitimate employers that are just unable to source enough talent in the United States to fill all their hiring needs.”

Fraud, as outlined by U.S. authorities, could also be driving up functions, with firms beneath completely different names however the identical possession submitting entries on behalf of the identical particular person, Greenfield stated, however there could also be different causes. Some candidates might persuade completely different, independently-owned firms to sponsor them within the lottery, which is completely authorized. Some firms might overestimate their labor calls for after they enter the lottery in March.

The computer-generated lottery in March chosen 110,791 winners for the 85,000 slots. Companies have till June 30 to verify they plan to go forward with hiring. If confirmations fall wanting 85,000, the federal government might maintain one other lottery to fill remaining slots.

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