US H-1 B visas: A new report has noted that US employers are facing difficulties securing foreign talent due to the low annual limit of 85,000 registrations for H-1 B petitions. H-1 B visas are offered to professionals who are offered a temporary professional position by a US employer. The Immigration and Nationality Act is a part of the H-1 B.
The low annual limit on H-1 B petitions resulted in a large majority of H-1 B registrations not being selected, according to the study titled, H 1 B Petitions and Denial Rates In FY 2022, compiled by National Foundation for American Policy NFAP, a nonpartisan research organisation.
The H-1 B visa allocations are capped at 85,000 visas per year, with 20,000 of those reserved for workers with advanced degrees from the US institutions. The competition for H-1 B visas is fierce because of the lottery system that awards the remaining 65,000 visas.
The H-1 B is an employer-sponsored non-immigrant classification, which means that the employer must apply for the H- 1 B on behalf of the prospective H- 1 B employee through the United States Citizenship and Immigration Services. The visa is used by tech companies to hire thousands of talent each year from countries like India and China.
The report stated that the H - 1 B denial rates have returned to low levels. Despite the end of the Trump administration's restrictive immigration policies that made US companies less competitive in the global battle for talent, companies in America still have to deal with the low annual limit on H-1 B petitions and employment-based green cards, said Stuart Anderson, executive director of the NFAP.
In April 2022, USCIS said that US employers submitted over 483,000 H-1 B registrations, more than 400,000 more than the 85,000 annual limit for H-1 B petitions.
The NFAP said that the H- 1 B temporary visas are important because they are the only practical way for a high-skilled foreign national to work long-term in the US and give an opportunity to become an employment-based immigrant and a US citizen.
In 2022, NFAP said that 55 per cent of US-based startups, valued at $1 billion or more, have at least one immigrant founder, stressing the importance and contributions of immigrants to the US economy, and why H-1 B temporary visas are crucial for growth.
In FY 2022, the denial rate for new H-1 B petitions for initial employment was 2 per cent. The H-1 B denial rate fell during the final year of the Trump administration after judges declared many of its H-1 B-related actions unlawful, it said.