Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at know-how firms.
“Your questions are important to the unfold of information that enables folks everywhere in the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in folks ops, a founder or looking for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”
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I graduated in December, and I’m at present engaged on OPT for an early-stage biotech startup. I’m undecided how a lot my employer is aware of concerning the H-1B lottery course of or if they’re planning to place me within the lottery.
I heard that the following lottery is not going to choose H-1B candidates based mostly on the best salaries paid. What else ought to I do know?
— Gifted Grad
It’s nice that you just’re pondering forward to the lottery! I not too long ago 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 tendencies affecting the worldwide labor marketplace for the U.S. particularly.
For H-1B and different authorized questions, as at all times, I like to recommend that your employer work with an skilled immigration lawyer 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 decide invalidated a ultimate rule issued by the U.S. Division of Homeland Safety, which oversees U.S. Citizenship and Immigration Companies (USCIS), that may have modified the H-1B lottery from a random choice course of to 1 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 sometimes 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.
Nonetheless, the Biden administration has supported a wage-based H-1B lottery system, so the Division of Homeland Safety may someday strive once more to push for the change.
Registration for the lottery
As you already know, the H-1B visa requires an employer to sponsor you, so be sure that to debate sponsorship along with your employer as quickly as potential so that you just each can put together. If your organization doesn’t have already got an immigration lawyer, they might want to have interaction one ASAP. The lawyer will stroll them by creating a web based USCIS account to register you and every other candidates they’d like within the lottery. Your organization should pay the $10 non-refundable payment to register every candidate.