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With the increasing demand for technology talent in the United States, the US administration issued a higher number of H-1B visas this year. In the quarter to June and in the first three quarters of the financial year of the US the approval rates for H-1B visas were 98.1% and 97% respectively, according to a report in The Economic Times. During the Trump administration, the approval rates had declined. The US Citizenship and Immigration Services (USCIS) had rejected a higher number of visa applications under Trump’s presidential term. USCIS also asked for additional supporting documents for submission.

Nandini Nair, partner at a law firm Greenspoon Marder said that change in the administration, the reinstatement of the deference policy and the ITServe decision pertaining to IT staffing companies have resulted in lesser RFEs (request for evidence) and a higher rate of approvals including. In the past six months, the legal immigration environment has improved.

The USCIS had repealed two policy memos in June 2020. These two policies were related to the adjudication of certain H-1B visa positions following a settlement with the US-based IT industry body, ITServe Alliance. The US district court had directed the agency to do away with the ‘Neufeld Memo’. This policy required the petitioners to develop a specific employee-employer. This memo was often used by agencies to reject visas.

“I fundamentally believe that the registration system needs to be modified or revised as it has allowed for many to game the system and take away opportunities for others. In fact, I believe the lottery system should be completely taken away and US employers should be allowed to file anytime during the year when they have a need,” Nair said

Nair also added that the US is in labour shortage and getting rid of this archaic lottery system would be helpful to the US economy.