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The Competition For H-1B Visas Continues To Escalate

Posted on in Employment Law

There are many types of non-immigrant visas available to individuals seeking employment in the United States. Unfortunately, this doesn't mean such visas are easy to obtain. In fact, employment-based immigration issues are some of the biggest headaches faced by California companies and the talented individuals they want to hire.

Perhaps the most widely known employment visa is the H-1B. These visas are in high demand, yet only 85,000 are approved every year. The high demand for H-1Bs (especially in the tech sector) means that a lottery system had to be enacted. But there is considerable evidence to suggest that very large companies and outsourcing firms are getting a disproportionate share of H-1Bs. Aside from the major firms like Google and Microsoft, the largest numbers of H-1B visas are going to firms running large-scale offshore operations and firms based in India.

According to an article on ComputerWorld.com, the majority of companies applying for H-1B visas are small tech firms based in the U.S. Yet much larger firms are skewing the odds by "stuffing the ballot box," so to speak. This means they are putting in multiple applications to increase their own odds.

There may not be an easy way to challenge these major firms for doing something that is technically legal. But that doesn't mean small companies are out of luck when it comes hiring candidates from outside the country. Experienced immigration and business law attorneys understand the complexities of employment-based immigration law. As such, they can help many small companies with employment visa needs.

Source : ComputerWorld, " Despite H-1B lottery, offshore firms dominate visa use," Patrick Thibodeau and Sharon Machlis, July 30, 2015

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