The following article on H-1B Visas was recently published in the Union Leader as part of McLane Middleton’s Know the Law series:
Q. After many unsuccessful attempts at filling an open position, my company recently interviewed an exceptionally qualified candidate. The candidate is a foreign national living abroad. Years ago, my company obtained a visa for an employee in the H-1B lottery. We are interested in obtaining an H-1B visa for this candidate. However, I heard that H-1B visas were banned or the lottery was eliminated. Is there still a way to obtain an H-1B visa?
A. Good news! The H-1B lottery is alive and well, for now. Under the Trump administration, U.S. Citizen and Immigration Services (USCIS) adopted a rule effectively eliminating the H-1B lottery system in favor of a wage-based process. However, the Biden administration delayed the rule’s effective date until Dec. 31, 2021. Therefore, your company may still seek a visa in the H-1B lottery for the 2022 H-1B cap season.
To read the full article, click here.