USCIS realiza una segunda lotería para el límite máximo de visas H-1B para el año fiscal 2024
Kris Quadros-Ragar • November 10, 2023
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En marzo de 2023, los Servicios de Inmigración y Ciudadanía de EE. UU. (USCIS) llevaron a cabo la selección aleatoria inicial para el límite H-1B del año fiscal (FY) 2024. Solo los registros seleccionados fueron elegibles para presentar peticiones H-1B sujetas al límite máximo durante el período de presentación inicial desde el 1 de abril de 2023 hasta el 30 de junio de 2023. A fines de julio de 2023, el USCIS proporcionó una actualización sobre la selección del límite máximo H-1B, indicando que se requirieron registros adicionales para alcanzar las asignaciones numéricas del año fiscal 2024.
El 1 de agosto de 2023, el Servicio de Ciudadanía e Inmigración de EE. UU. (USCIS) anunció que la agencia completó la segunda ronda de selecciones de lotería H-1B, lo que resultó en la elección de un total de 188,400 registros máximos H-1B para completar la cuota anual de 85,000. En el sorteo inicial realizado en marzo, la agencia había seleccionado 110.791 inscripciones. Esto significa que se seleccionaron 77.609 registros adicionales durante la segunda lotería recientemente completada. Vale la pena señalar que USCIS generalmente elige más registros que la cuota de 85,000 para tener en cuenta los casos en los que finalmente no se presenta ninguna petición, así como aquellos que pueden ser denegados, rechazados, retirados o revocados.
El elevado número de registros presentados por personas con múltiples patrocinadores, junto con un mayor escrutinio gubernamental, parece haber resultado en una disminución en el número de peticiones H-1B presentadas ante USCIS. Esta tasa de presentación de solicitudes reducida en comparación con años fiscales anteriores finalmente resultó en la necesidad de una segunda lotería para cumplir con la cuota anual H-1B. USCIS considera este resultado como evidencia de que sus esfuerzos para investigar fraude potencial están resultando efectivos, lo que lleva a los empleadores y sus representantes a adoptar un enfoque más cauteloso al presentar peticiones de límite máximo H-1B. Si bien este enfoque cauteloso puede haber contribuido a la necesidad de una segunda lotería, también refleja el impacto positivo de las medidas de la agencia para abordar el posible uso indebido del sistema.
La segunda selección de lotería se realizó a partir del grupo de inscripciones no seleccionadas del grupo inicial, que consistió en 758,994 registros elegibles recibidos por USCIS para la temporada máxima H-1B del año fiscal 2024. Como resultado de este segundo sorteo, la tasa de selección de registros elegibles ha aumentado al 24,8%, un aumento significativo desde la tasa inicial del 14,6% después del primer sorteo.
El USCIS no ha descartado la posibilidad de realizar una tercera selección de lotería para el año fiscal 2024, dependiendo del número de peticiones H-1B presentadas por los empleadores con registros seleccionados en el segundo sorteo. Si la demanda de visas H-1B excede la cuota disponible después de los resultados de la segunda lotería, puede ser necesaria una tercera lotería para acomodar a los beneficiarios elegibles.
El equipo de Santos Lloyd Law Firm se mantendrá atento al seguimiento de las actualizaciones sobre el límite máximo de H-1B para el año fiscal 2024.
Referencias:
Este blog no pretende ser asesoramiento legal y nada aquí debe interpretarse como el establecimiento de una relación abogado-cliente. Programe una consulta con un abogado de inmigración antes de actuar según cualquier información leída aquí.
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Kris Quadros-Ragar
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