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"H-1B Visa Conundrum: How USCIS's Flawed Tiered Selection Process Impacts US Businesses"

"H-1B Visa Conundrum: How USCIS's Flawed Tiered Selection Process Impacts US Businesses"

Posted by Fariba Faiz | Jul 31, 2023 | 0 Comments

The H-1B visa selection process, overseen by the United States Citizenship and Immigration Services (USCIS), has increasingly become a pressing concern for small businesses. The intrinsic issues with the system not only impact the career trajectories of applicants but also impose significant challenges on the potential employers.
First, it's crucial to understand the tiered selection process employed by the USCIS. This process, while designed to give equal opportunities, often ends up creating complications. An applicant on Optional Practical Training (OPT), who isn't chosen in the initial rounds, can find their OPT expiring before they're selected. This inherent flaw doesn't take into account the diverse needs and timelines of applicants, putting US businesses in a precarious situation, unsure of their workforce stability.
The absence of a 'cap-gap' cover aggravates the issue. This leads to small businesses losing skilled employees and facing disruptions in their operations. The added cost of sourcing, hiring, and training replacements poses a hefty financial burden, particularly on small businesses. Such unpredictability in staffing can significantly affect project timelines, client relationships, and overall business continuity.
Another concern that further complicates these issues is the system's vulnerability to fraudulent submissions. Such misuse could lead to a higher number of fraudulent entries being rewarded, thus leaving less room for genuine applicants and prospective employers. This not only undermines the H-1B visa program's integrity but also introduces a degree of unpredictability into workforce planning, affecting small businesses disproportionately.
In addition, the lengthy processing times and scheduling of visa appointments compound these difficulties. The current delays push potential H-1B workers into an indefinite waiting period before they can return to the U.S. Despite USCIS offering a premium processing service for H-1B petitions, the timelines can still be unpredictable, causing disruptions and adding costs for businesses that heavily rely on H-1B workers.
These challenges underscore the urgent need for reform in the H-1B visa selection process. Potential solutions may include refining the tiered selection approach to better consider diverse timelines and improving the application vetting process. The goal should be to create a fair, efficient system that minimizes disruption and uncertainty for small businesses while offering equal opportunities to all applicants.
Ultimately, the need for reform that appreciates the value of these skilled applicants to our economy and society is clear. But it is equally critical to recognize the burdens borne by small businesses under the current system and work towards solutions that promote business continuity and growth.

About the Author

Fariba Faiz

Fariba is the founder of the Law Offices of Fariba Faiz, based out of San Francisco, California. Attorney Faiz is an experienced immigration attorney with a proven track record of successfully petitions for investment immigration (E-1/E-2 visas plus direct and regional center EB-5 pr...


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