Biden admin proposes changes in H-1B visa programme to improve efficiency

The Joe Biden administration is proposing changes in the H1B foreign workers programme to improve efficiency by streamlining eligibility providing more flexibility to F1 students entrepreneurs and those working for nonprofit bodies and ensuring better condition for other nonimmigrant workersThe rules which are scheduled to be published by the US Citizenship and Immigration Services USCIS on October 23 in the Federal Register have been proposed without changing the Congressmandated 60000 limit on the number of such visas the US issues every yearThe H1B visa is a nonimmigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertiseIt is typically issued for three to six years to employers to hire a foreign worker But H1B holders who have begun the Green Card process can often renew their work visas indefinitelyThe technology companies depend on it to hire tens of thousands of employees each year from countries like India and ChinaMaking the proposed rules public for stakeholders to give their comments and feedback the Department of Homeland Security DHS said the proposed changes in the rules are aimed at streamlining eligibility requirements improving programme efficiency providing greater benefits and flexibilities to employers and workers and strengthening integrity measuresThe H1B programme helps US employers hire the employees they need to meet their business needs and remain competitive in the global marketplace while adhering to all US worker protection norms under the lawIn a statement the Secretary of Homeland Security Alejandro N Mayorkas said the BidenHarris administrations priority is to attract global talent reduce undue burdens on employers and prevent fraud and abuse in the immigration systemObserving that the H1B nonimmigrant visa programme allows US employers to temporarily employ foreign workers in speciality occupations defined by statute as occupations that require highly specialised knowledge and a bachelors or higher degree in the specific speciality or its equivalent the DHS said the proposed rule would change how USCIS conducts the H1B registration selection process to reduce the possibility of misuse and fraudUnder the current process the more registrations that are submitted on behalf of an individual the higher the chances of that person being selected in a lottery Under the new proposal each individual who has a registration submitted on their behalf would be entered into the selection process once regardless of the number of registrations submitted on their behalf the DHS said in a statementThis would improve the chances that a legitimate registration would be selected by significantly reducing or eliminating the advantage of submitting multiple registrations for the same beneficiary solely to increase the chances of selection Furthermore it could also give beneficiaries more choice between legitimate job offers because each registrant who submitted a registration for a selected beneficiary would have the ability to file an H1B petition on behalf of the beneficiary it saidUnder the proposed rule the criteria for speciality occupation positions would be revised to reduce confusion between the public and adjudicators and to clarify that a position may allow a range of degrees although there must be a direct relationship between the required degree fields and the duties of the positionThe proposed rule codifies that adjudicators generally should defer to a prior determination when no underlying facts have changed at the time of a new filingUnder the proposed rule certain exemptions to the H1B cap would be expanded for certain nonprofit entities or governmental research organisations as well as beneficiaries who are not directly employed by a qualifying organisationThe DHS would also extend certain flexibility for students on an F1 visa when students are seeking to change their status to H1B Additionally the department would establish new H1B eligibility requirements for rising entrepreneursStrengthening integrity measures in addition to changing the selection process misuse and fraud in the H1B registration process would be reduced by prohibiting related entities from submitting multiple registrations for the same beneficiary The rule would also codify USCIS authority to conduct site visits and clarify that refusal to comply with site visits may result in denial or revocation of the petition the DHS saidIndian American Ajay Bhutoria a leading advocate for immigration reform welcomed the proposed Modernizing H1B Requirements Providing Flexibility in the F1 Programme and Programme Improvements Affecting Other Nonimmigrant Workers regulationThese proposed changes mark a significant step towards streamlining our immigration system and making it more accessible for highly skilled professionals and students from around the world Bhutoria saidThe proposed reform plan reflects a thoughtful approach to addressing some of the longstanding issues in the H1B visa programme including providing more flexibility to F1 students and improving conditions for other nonimmigrant workers We appreciate the DHSs commitment to fostering an environment that is conducive to attracting global talent and maintaining the competitiveness of American industries Bhutoria saidThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever