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H-1B applicants hope for best, plan for worst

With 65,000 H-1B visas available, IT hiring managers and immigration experts say to have Plan B ready.
By Denise Dubie , Network World , 03/25/2008
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Companies sponsoring an H-1B visa applicant this week should not only be triple-checking paperwork as the April 1 filing deadline approaches, but should also be preparing alternatives to put in place if attempts to secure an H-1B hire fail.

IT hiring managers familiar with the process say they expect their hopes of attaining one of the 65,000 H-1B visas allotted for 2009 to be dashed by midday April 1.

"It's a challenge to get an H-1B visa because they run out so fast. We apply for some, but don't count on them. With the nature of H-1B today -- they are nearly impossible to get if you are late to the game for a new application -- it is not company policy to not go for them, but we know it can be a long shot," says Jennifer Russell, vice president and director of recruiting at direct-marketing firm Digitas in Boston.

Last year, the government received more than double the number of applications than slots to be filled within hours, and this year industry watchers anticipate more of the same.

H-1B checklist
Companies should ensure these five requirements are met when looking to sponsor an H-1B candidate.
1 Have entered the U.S. with a valid visa
2 Have not overstayed on visa
3 Have a bachelor's degree from a U.S. or foreign university, or 12 years of equivalent experience in the field
4 Have a job offer with a U.S. company
5 Apply for an H-1B visa on April 1, 2008
Source: Immigration Legal Counsel, March 2008
Click to see: Checklist of H-1Bs

"The backlog is so huge, I don't expect to see any change in the H-1B results," says Roger Cochetti, group director of U.S. Public Policy at CompTIA, the Computing Technology Industry Association.

For that reason, many of those looking to fill positions are looking for alternative hiring plans, considering the increased demand for what seems to many to be too few available visas.

"You put an offer out for an H-1B, but you aren't sure if you are going get it. If you do, the hire doesn't start work until October. Basically you try to fill the position and just cross your fingers that it works out in the end," Russell says.

Pay for premium application filing

To start, immigration experts advise companies to do their homework about the candidate they are sponsoring as well as the specifics required in the application.

"Even if an application gets selected out of the pool, if there are any errors in the application, it will be rejected immediately," says Peter Roberts, partner at corporate immigration law firm McCarter & English. "Clearly you have to get it in the first day, but there is pressure to have no errors or unflagged issues."

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Comments (9)
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How about hiring Americans?By Anonymous on April 13, 2008, 8:05 pmDear Ch3m15t, For understanding this, you relearn history of USA. Its a country of immigants. During different times immigrants are governed by diff. set of statutes....

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"I see it is getting so badBy Anonymous on April 2, 2008, 1:09 pm"I see it is getting so bad that even asains are complaining about the Indians taking their jobs!!! " Uhhhhh,yeah, Indians ARE Asians :)

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Unemployment versus H-1B Visa ProgramBy Anonymous on March 28, 2008, 8:04 pmDear Senator (or Congressman): The H-1B and L-1 guest workers programs have “RESERVED” millions of high-value jobs for citizens of foreign countries. And, We The...

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how come your writtenBy Anonymous on March 27, 2008, 3:37 pmhow come your written english is bad ?

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How About Hiring Americans?By ch3m15t on March 27, 2008, 8:19 amWHy are these jobs being given out in the first place? THis is supposed to be for when a qualified worker cannot be found in the current pool of workers. I am tired...

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NetScout and analyst Jim Metzler have teamed to deliver a series of IT Briefs on Network and Application Performance Management leveraging research from NetScout's nGenius & Sniffer users.

www.netscout.com

Metzler on Service Delivery Management

Delivering IT business value by evolving our thinking from managing application performance to focusing on services.

Learn More

2009 Handbook of Application Delivery

Successful IT organizations must know how to make the right application delivery decisions in these tough economic times.

Download the Handbook

Metzler on the Modern IP Network

Discusses the growing emphasis on network management and the need to implement a holistic view of the end-to-end experience of the user.

Read the Brief