This year, the number of entries for highly educated worker visas through the H-1B lottery plunged nearly 40%, from 758,994 last year to 470,342 this year. This significant drop was attributed to changes made by U.S. Citizenship and Immigration Services in response to widespread abuse and fraud in the system. The agency implemented a new rule that limited each employee to only one bid in the lottery, whether they had one job offer or multiple offers. This change aimed to prevent individuals from submitting multiple applications to increase their chances of being selected.
The H-1B visas were created in 1990 for individuals with a bachelor’s degree or higher in fields such as science, technology, engineering, and math. Critics of the program argue that it allows companies to pay lower wages and offer fewer labor protections. Major technology companies like Infosys, Amazon, Microsoft, Apple, Meta, and Google were among the top employers of individuals with H-1B visas in 2023. U.S. college graduates can work under an Optional Practical Training visa for three years while they apply for an H-1B visa, but the lottery system had put them at a disadvantage against those with multiple applications.
USCIS Director Ur Jaddou acknowledged that the system had been gamed by some individuals and companies who flooded the agency with multiple applications. The agency rushed to overhaul the lottery system to ensure fairness and prevent abuse. USCIS found instances of companies working together to submit bids for the same applicants, further highlighting the need for reform. Many technology companies and business groups had pushed for immediate changes, citing the negative impact on their operations and efforts to expand in the United States.
While the changes to the H-1B lottery system were generally welcomed, critics, including the AFL-CIO, still believe that more comprehensive reforms are needed. These critics advocate for awarding visas to companies that pay the highest wages instead of through a random lottery system. This proposed change aligns with the preferences of former President Donald Trump, who also sought to reform the H-1B visa program during his time in office. The goal is to ensure that the visas are allocated to companies that will contribute positively to the nation’s economy and workforce.
