Although he has had luck with the visa program in the past, he said he worries that the program has become so swamped with requests that winning the lottery might be nearly impossible.
"If I am relying on this rate to grow my business, I might have better luck playing the Maryland Lottery," he said.
Employers and their would-be workers spend thousands of dollars in application and attorney fees hoping to improve their chances.
Towson immigration attorney Sheela Murthy receives frantic phone calls from clients about this time every year. Many are students who have completed master's degrees in this country, worried that if their visa application is denied, they will be forced to return to their home countries.
"Some will call and e-mail daily. They so are nervous; this is their whole life," said Murthy, an India native who represents clients nationwide. "I was once a foreign student myself, and I completely relate to them. Many have sunk their whole savings into this process."
Worse still, said Murthy, is the option of a $1,000 fee that USCIS offers for "premium processing," allowing an applicant to bypass the lottery and learn the result of his or her application within 15 days.
Murthy and other immigrant advocates have called the option unfair, allowing those who can afford it to "pay their way to the front of the line." Murthy said some of her clients who forgo the pricier alternative have waited as long as six months for an answer.
"I call it a legal bribe for incompetent service," Murthy said of the expedited option. "Unless you pay the extra money, you could be waiting forever. So people feel they have no choice. All it is doing is throwing money into this black hole of the Department of Homeland Security."
Chris Rhatigan, a USCIS spokeswoman, defended the expedited option as streamlined service. Applicants bypass the regular channels, sending forms to a separate address and communicating to agency workers about their application status through a separate phone number and e-mail address.
"It's improving our services to our customers, and it also accommodates the needs of the businesses," she said. "We strive to provide fast service. With the premium response, they know sooner."
Other critics say the problem with the program is more basic - too few visas allowed.
