Quota May Have Been Met on H1-B Visas

The Immigration and Naturalization Service is expected to announce today that the special visa program designed to help stem labor shortages in the technology work force has met its quota of 115,000 visas more than three months ahead of schedule, according to a spokesman for U.S. Rep. Lamar Smith (R-Texas), chairman of the House immigration subcommittee. Once the quota has been reached, no more H1-B visas can be issued until Oct. 1. The agency acknowledged that it would have an announcement about the program today, but it declined to provide details. Smith criticized the program as riddled with fraudulent applications, citing a State Department study that suggests a fraud rate of at least 21% among about 3,000 applications processed at one consular office in India alone. “Based on what the State Department told us,” Smith spokesman Allen Kay said, “these numbers are representative of broad levels of fraud throughout the H1-B program. That is staggering and is hurting the high-tech and other industries that are using the H1-B visas.” INS spokesman Russ Bergeron said the program faces “increasing levels of fraud” because of inadequate staffing levels, but he said he could not estimate the number of cases involved. If fraud is suspected after a visa is issued, it normally takes several months to adjudicate the case, tying up a visa slot that would otherwise go to a qualified candidate, Bergeron said.