US agency raises ‘serious concerns’ about tech visa lottery
Apr 28, 2023, 7:54 AM
BERKELEY, Calif. (AP) — The number of applications for visas used in the technology industry soared for a second straight year, raising “serious concerns” that some are manipulating the system to gain an unfair advantage, authorities said Friday.
There were 780,884 applications for H-1B visas in this year’s computer-generated lottery, up 61% from 483,927 last year, U.S. Citizenship and Immigration Services said in a message to “stakeholders.” Last year’s haul was up 57% from 308,613 applications the year before.
Each year, up to 85,000 people are selected for H-1B visas, a mainstay for technology giants such as Amazon.com Inc., Google parent Alphabet Inc., Facebook parent Meta Platforms Inc. and International Business Machines Corp.
Last year, the government began requiring workers who won the lottery to sign affidavits stating they didn’t try to game the system by working with others to file multiple bids under different company names, even if there was no underlying employment offer. By winning at least once, they could market their services to technology companies that wanted to fill positions but didn’t have visas, effectively becoming labor contractors.
“The large number of eligible registrations for beneficiaries with multiple eligible registrations — much larger than in previous years — has raised serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary. This may have unfairly increased their chances of selection,” the agency wrote.
The agency said it has “undertaken extensive fraud investigations” based on lottery submissions from the last two years, denied some petitions and is “in the process” of referring some cases to federal prosecutors for possible crimes.
The number of registrations tied to people who applied more than once rose to 408,891 this year from 165,180 last year and 90,143 the year before.
“We remain committed to deterring and preventing abuse of the registration process, and to ensuring only those who follow the law are eligible to file an H-1B cap petition,” the agency said.
H-1B visas, which are used by software engineers and others in the tech industry, have been a lightning rod in the immigration debate, with critics saying they are used to undercut U.S. citizens and legal permanent residents.
But technology companies say they are critical for hard-to-fill positions even as they have had to lay off workers in other areas. As the number of applications have soared in the last two years, major technology companies have seen winning lottery submissions dwindle.