It’s the third year in a row that the visas have been oversubscribed and awarded through a lottery. Demand for foreign workers (largely in the technology sector) had fallen off during the recession, along with realistic aspirations of foreign workers for American jobs. But now, in a more competitive job market, both companies and prospective visa recipients are “in it to win it,” as a familiar Lotto advertisement urges.
Larger companies in particular, which can afford the $2,000-$4,000 per-application attorney fees, are submitting multiple petitions for the same employee, while prospective workers have been known to accept more than one job offer to maximize their chances of winning – all from companies that have petitioned on their behalf.
While the practice is not technically illegal (companies are legitimately allowed to submit more than one petition for a desired applicant through subsidiaries), it pushes ethical boundaries and results in prospective employers and employees “gaming the system” to their advantage. Citizen and Immigration Services claims it is aware of the practice, but has yet to take steps to curtail it.
The non-immigrant HB-1 visas are valid for a three-year period, and can be extended to six years or beyond if the employer decides to sponsor the visa-holder for a Green Card. Smaller firms that can’t afford to file multiple petitions claim the practice hinders their competitiveness.