Dear Sophie: Will the H-1B lottery be based on the highest wages? – TechMac

Dear Sophie: Will the H-1B lottery be based on the highest wages? – TechCrunch

Sophie Alcorn

Sophie Alcorn is the founding father of Alcorn Immigration Legislation in Silicon Valley and 2019 World Legislation Consultants Awards’ “Legislation Agency of the Yr in California for Entrepreneur Immigration Providers.” She connects folks with the companies and alternatives that broaden their lives.

Extra posts by this contributor

Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at know-how firms.

“Your questions are very important to the unfold of data that permits folks everywhere in the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in folks ops, a founder or in search of a job in Silicon Valley, I’d like to reply your questions in my subsequent column.”

TechMac+ members obtain entry to weekly “Pricey Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.

Pricey Sophie,

I graduated in December, and I’m presently engaged on OPT for an early-stage biotech startup. I’m unsure how a lot my employer is aware of in regards to the H-1B lottery course of or if they’re planning to place me within the lottery.

I heard that the following lottery won’t choose H-1B candidates primarily based on the best salaries paid. What else ought to I do know?

— Gifted Grad

Pricey Gifted,

It’s nice that you just’re considering forward to the lottery! I lately chatted about the way forward for immigration, together with work, local weather change and extra with futurist and inventor of the BANI Framework Jamais Cascio. This podcast sheds some gentle on the context of the worldwide high-skilled immigration and future developments affecting the worldwide labor marketplace for the U.S. particularly.

For H-1B and different authorized questions, as all the time, I like to recommend that your employer work with an skilled immigration legal professional to information you thru the petition course of.

No wage-based H-1B lottery but!

The H-1B lottery in March will stay a random choice course of, no less than for now. In September, a federal district courtroom choose invalidated a last rule issued by the U.S. Division of Homeland Safety, which oversees U.S. Citizenship and Immigration Providers (USCIS), that may have modified the H-1B lottery from a random choice course of to at least one that prioritized the best wages. A wage-based choice course of for the H-1B lottery would have deprived cash-strapped early-stage startups and up to date college graduates, who usually earn entry-level wages.

Based on an evaluation by the Nationwide Basis for American Coverage, a random H-1B lottery course of makes worldwide college students and graduates 54% extra more likely to get chosen to use for an H-1B in comparison with a wage-based choice course of.

Nevertheless, the Biden administration has supported a wage-based H-1B lottery system, so the Division of Homeland Safety would possibly sooner or later attempt once more to push for the change.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)

Registration for the lottery

As you already know, the H-1B visa requires an employer to sponsor you, so ensure that to debate sponsorship along with your employer as quickly as attainable so that you just each can put together. If your organization doesn’t have already got an immigration legal professional, they might want to have interaction one ASAP. The legal professional will stroll them via creating an internet USCIS account to register you and another candidates they’d like within the lottery. Your organization must pay the $10 non-refundable payment to register every candidate.


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