USCIS reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period, which ended on April 5, 2013. Currently, it begun returning H-1B petitions that were not selected in the FY14 lottery. USCIS uses the term “rejection” for petitions that are returned for not having been selected in the H1B lottery.
Rejections and denials differ in nature. Rejections can occur when the petition lacks certain necessary elements such as the omission of correct filing fees or petition not signed. Thus, the rejection of a package is procedural, whereas the denial of an H1B case generally occurs only after a substantial review of the petition.
The returned petition mark the end of the FY14 H1B cap season for individuals whose cases were not selected in the FY14 lottery. For those whose cases were selected, many have already had their cases adjudicated, but still others are in process.
The need for a lottery selection process in FY14 reflects the disconnection between the demand for new H1B employees and the annual cap. The limited supply of H-1B cap numbers forces employers to file cases six months in advance of the allowed October 1st start date.
This situation creates a dilemma for many employers who need skilled personnel in areas where competent individuals are scarce. Many U.S. companies prefer to hire immigrants due to their abilities in these areas. That is why many companies support the immigration reform.
Unless there is a change in the law, this cycle will likely be repeated each year. U.S. immigration system hold backs the ability of U.S. companies to compete for the most talented workers they need in order to thrive. Of the approximately one million new lawful permanent residents each year, only about 59,000 were issued green cards most recently based on their skills. This is substantially lower than the total number of employees that companies needed.
America is benefiting from foreign talent. They continue to further the country on the technological frontier. But most of these talented individuals still face a tough fight after graduation. Many of these individuals wish to stay and work in the country hopefully, legislators will see their value and change the current system.
Beeraj Patel, Esq.
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