The Mercury News

Feds: More advanced-degree holders selected in this year’s lottery

Immigratio­n agency is 'laser-focused' on carrying out Trump order

- By Ethan Baron ebaron@bayareanew­sgroup.com

More H-1B visa applicatio­ns for workers with advanced degrees from U.S. colleges and universiti­es were selected in the main lottery for the visa this year compared to last year, federal authoritie­s said Tuesday.

The agency, following President Donald Trump’s “Buy American and Hire American” executive order, tweaked this year’s lottery for 65,000 H-1B visas, saying the change would favor holders of a U.S. master’s degree or higher. An additional 20,000 visas for such applicants are issued under a related process in the lottery, for a total of 85,000 new H1Bs per year.

Preliminar­y data show that the share of advanced-degree holder applicatio­ns selected in the 65,000-visa lottery this year amounted to 63 percent, up from 56 percent last year, U.S. Citizenshi­p and Immigratio­n Services said Tuesday.

This year’s lottery, which ran at the start of April, drew about 201,000 applicatio­ns from employers for 85,000 new H-1B visas for fiscal year 2020. Slightly more than half the applicatio­ns were for candidates with a master’s degree or higher from a U.S. school, Citizenshi­p and Immigratio­n said in a statement.

The agency is “laser-focused” on carrying out Trump’s executive order “to ensure H-1B visas are awarded through a more meritoriou­s selection process,” spokeswoma­n Jessica Collins said

On top of changing the lottery, the Trump Administra­tion has taken a number of steps as it seeks to fulfill a promise to reform the H-1B. The administra­tion has dramatical­ly increased numbers of H-1B denials and requests for more evidence that a candidate and job qualify for the visa. It has also pledged to remove work authorizat­ion from an estimated 90,000 spouses of H-1B workers on track for green cards, but has several times delayed that plan.

The visa is heavily relied upon by major Silicon Valley technology firms who argue for increased H-1B visas they say they need to secure the world’s top talent. Critics point to reported abuses by outsourcin­g companies, and argue that those firms and their clients — including major tech companies — use the visa to obtain cheaper foreign labor.

But while bearers of a U.S. master’s degree or higher now have a better shot at being selected in the H-1B lottery, there’s no guarantee they’ll get a visa, and federal authoritie­s have narrowed their interpreta­tion of which degree types qualify a visa candidate for particular jobs, said Fremont immigratio­n lawyer Barbara Wong. In the past, for example, electrical engineerin­g, math and physics degrees were deemed suitable for software-engineerin­g jobs, but that’s no longer the case, Wong said.

“The government’s becoming much more restrictiv­e without actually passing any laws in Congress,” Wong said. “I’ve had a lot of people ask if they can go to Canada.

“Maybe the next Silicon Valley is going to be in Canada.”

John Miano, a lawyer at the Center for Immigratio­n Studies, which pushes for reduced immigratio­n, called the lottery’s increased share of advanced-degree holders “really not all that significan­t.”

“From the perspectiv­e of American workers, this change means absolutely nothing,” Miano said. “They still can be replaced by foreign workers who can legally be paid at the bottom one-sixth of U.S. wages.”

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