H-1B Visa abuse complaints echo all across America. 60 Minutes recently did a lead story on its popular news program profiling the horror story of experienced American IT workers losing their jobs to young H-1B visa holders. These visa holders all come from India and arise from contractual relationships for IT staffing that employers make with companies like InfoSys, Tata consulting, and other similar companies.
The Trump Administration already has a draft executive order regarding work visas, read it here. The order never became a reality, at least not yet. Perhaps the Trump administration is waiting until after the flood of H-1B visa applications before issuing the executive order. All the H-1B visa applications for private employers begin arriving at USCIS after April 3rd. By Friday April 7th, over 230,000 H-1B applications will compete for only 85,000 visas. Historically, a lottery decides at random who gets the visas.
H-1B Visa Abuse comes from gaming the lottery
The problem with the visa lottery is that about 60 percent of the applications come from those eight Indian IT staffing firms. As a result, those eight companies get 60 percent of the H-1b visas. Then American employers hire these low paid visa holders and fire their experienced IT staff. The Trump administration’s draft executive order does not exactly state what will be done to fix this issue. It provides:
consider ways to make the process for allocating H-1B visas more efficientand ensure that beneficiaries of the program are the best and the brightest
Trump suspended premium processing, which shortened the time period to award the H-1B visa from two weeks to the current processing time of over six months!! Perhaps once all the H-1B visa applications arrive, Trump will announce his administration is suspending the lottery. The administration can then handpick what applications are approved, and which are denied.
We at Work Visas paid close attention to the USCIS announcement suspending premium processing. USCIS specifically stated that expedited processing will continue. As a result, we are hard at work crafting methods to make our H-1b visa applications truly “America First.” We concentrate on American educated STEM grads. We believe that if the students have been educated and trained in America, they are the best candidates to stay in America to return their skills back to the country that educated them.
By keeping these great minds in America, it can maintain its competitive edge in technological innovation. By doing away with the lottery H-1B Visa abuse will become a thing of the past.