Over the last few years obtaining an H-1B visa has become an unintended lottery. The demand for H-1Bs has far exceeded the arbitrary limit of 65,000 petitions allowed each year. Each year, the excess demand has caused the quota to be met almost instantaneously and has caused the government to randomly choose the petitions that they will accept. The unlucky companies and beneficiaries that are not selected come away from the lottery with not only disappointment, but also lost capital and investment that cannot be recouped.
This year, however, petitioning companies will not need as much luck as they have needed previously. Due to the downturn in the economy, restrictions placed on certain companies utilizing TARP, and various other reasons, it appears that the number of H-1B petitions will be less this year. Although most suspect that the numerical cap will again be reached during the first few days of April – there will hopefully not be as large an excess of petitions and not as many companies will be shut out of the process .
In the years to come the U.S. Government will hopefully improve the H-1B process, eliminate the “lottery” aspect of the H-1B, and stop exposing American Companies to unnecessary expenses.