Today is the day. It is April 1st and in the bizarre world of American immigration law that can only mean one thing – the “H-1B season” is finally open. A relatively new phenomenon, the “H-1B season” refers to the time period when businesses can apply for new H-1B visas for the upcoming fiscal year (beginning in October 2009). April 1st is a big day because for the last few years the numerical limit on H-1Bs has been reached within days and this has caused all companies seeking H-1B petitions to simultaneously file their petitions on April 1st.
The big question this year is whether the numerical limit of 85,000 will be reached within a few days of the beginning of the season. Due to the economic downturn it is an open question whether the numerical limit will be reached within a few days of April 1st. What is not an open question is that the numerical limit will be reached before the beginning of the fiscal year (October). If the numerical limit is reached within a few days of April 1st a “lottery” will be held to determine which businesses will be able to file H-1B petitions. Yes, a U.S. immigration policy meant to strengthen the U.S. economy has devolved into a lottery.
There has to be a better way than a lottery…but how likely is immigration reform?