H-1B visa: Cap reached in first year of new application system

Preliminary applications for the controversial H-1B visa have reached a sufficient number to meet the annual cap of 85,000 new visas.

This is the first year U.S. Citizenship and Immigration has imposed a new “registration” system it has said would streamline the expensive and cumbersome application process for the H-1B, which is intended for jobs requiring specialized skills.

In the new process, employers seeking H-1B visas for foreign workers create accounts, submit online “registrations” costing $10 each, and only pay application fees if their registration is selected and they become eligible to apply.

Under the previous system, employers would mail in lengthy applications, which typically cost thousands of dollars in preparation costs and filing fees, during a five-day window starting April 1.

The H-1B has become a target for reform by the administration of President Donald Trump, which has boosted denial rates for IT outsourcing and staffing companies, but several times delayed major changes that would re-define which jobs qualify, and would strip employment authorization from spouses of H-1B holders on track for green cards.

Silicon Valley technology companies rely heavily on the visa and push to expand the annual cap, arguing they need more visas to secure the world’s top talent. But critics point to reported abuses by outsourcers and IT staffing companies, and say the visa is used by those firms and tech giants to supplant U.S. workers, drive down wages and facilitate outsourcing of U.S. jobs.

Citizenship and Immigration, in announcing this week it had selected enough registrations to reach the cap, said it had randomly selected registrations that were properly submitted. The agency said it planned to notify by March 31 applicants whose registrations were selected, to tell them they’re eligible to apply for the visa during the window starting April 1.

Employers who registered will now see one of three types of status reports for each potential visa recipient: “Selected,” “Denied” or “Submitted.”

“A registration status may continue to show ‘Submitted’ after the initial selection process has been completed,” the agency said in the announcement. Those registrations will remain in consideration for selection until the end of the fiscal year, according to the agency.

Registrations were denied either because a payment was declined, or because a duplicate registration was submitted by the same employer for the same foreign citizen, the agency said. “If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid,” Citizenship and Immigration said.

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H-1B: Premium processing suspended for upcoming visa application seasonCoronavirus travel ban throws American tourists, H-1B workers into chaosH-1B: IT staffing firms notch big win against Trump administrationIn a separate announcement, the agency said Friday it would extend the deadline for responses to “requests for evidence” notices that require visa applicants to provide more information supporting the validity of an application. The extended deadline applies to requests for evidence, as well as notices of intent to deny visa applications, dated between March 1 to May 1.

Responses submitted within 60 calendar days after the response deadline specified will be accepted, the agency.