H1-B Visa Insight

With just 12 days left to begin and end the process of H-1B Visa filing for FY2009, USCIS has proposed [PDF] new rules which will prohibit employers from filing multiple applications for H-1B visa, widely sought by Indian firms. Additionally, USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicate petitions.

In a somewhat relief to students graduating from American Universities with a Master's or Higher Degree, USCIS has proposed that the first 20,000 Visas falling in the Advanced Degree Quota be processed. If the demand in this were to be higher than 20,000, then a system of lottery be adopted. Unsuccessful Candidates from the Advanced Degree Quota get a second chance to compete for H-1B Visa in the 65,000 cap [Regular Quota]. If the demand in this category is also higher than 65K, then successful candidates will be chosen by means of a lottery.

This is a blow to Indian consulting companies like Infosys, Satyam and TCS who are dependent on cheap Indian labor declining to hire Americans or international students graduating from American schools. TCS is least bothered as it has laundered the L-1 Visa program to the maximum extent.

Microsoft Chairman, Bill Gates, who has lied to the Congress in his March 2006 testimony is now seeking more H-1B Visas.

In an election year and a recession with thousands of job cuts in the US, what is BillG up to ? Why does he want more H-1B Visas ? Gates said,

It makes no sense to educate people in our universities, often subsidized by U.S. taxpayers, and then insist they return home. Hiring an 'A' grade student from India creates spin-off employment for 'B' and 'C' American students. Today, knowledge and expertise are the essential raw materials that companies and countries need in order to be competitive. We live in an economy that depends on the ability of innovative companies to attract and retain the very best talent, regardless of nationality or citizenship.

Well in a way of speaking he is right. Due to the Lottery system in existence, a qualified Genetic Engineering P.hd was denied a Visa, because he was out of luck and a Playboy Model(Playmate) was able to win the same :-)

Additionally, Ballmer is locked in a hostile takeover bid for Yahoo! and most expect valley based employees to quit [Microhoo] and look for other opportunities. So who will fill the vacuum in running the world's largest Internet Giant with over 500 million customers ? The American immigration policy, really especially with regards to H-1B needs to reformed but with elections round the corner, don't expect it to happen anytime soon.

Through H-1B Visa Insight, the developers of H1BStats would like to share their thoughts. We will also present you some facts and figures on the H-1B Visa and a thorough analysis on new developments or policies as announced by the USCIS. Comments and Critics are most welcome.