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H1b Visa: 4 ways US proposes to change H-1B visa programme
The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), recently published a Notice of Proposed Rulemaking (NPRM), which aims to improve program efficiency by streamlining eligibility requirements, H- 1B is to modernize the Special Occupation Worker Program. , providing more benefits and flexibility for employers and workers, and strengthening integrity measures.
For those unaware, the H-1B program helps US companies and employers hire the necessary workers to meet their business needs and remain competitive in the global marketplace. It is one of the most sought after visa programs among Indians.
The H-1B nonimmigrant visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations, defined by law as occupations that require highly specialized knowledge and specialized expertise such as graduate or Higher degree or its equivalent is required.
The proposed rule is intended to reform the H-1B program by:
* Streamlining eligibility requirements: To reduce confusion among the public and adjudicators and to clarify that a designation may allow multiple types of degrees, the criteria for specialty occupation designations will be revised, regardless of the required degree field. There should be a direct connection between (areas) and. Duties of office;
* Improving program efficiency: The proposed rule codifies that adjudicators should generally defer to a prior determination when no underlying facts have changed at the time of the new filing;
* Providing greater benefits and flexibility for employers and workers: Certain exemptions to the H-1B cap will be extended to certain nonprofits or government research organizations, as well as to beneficiaries who are not directly employed by an eligible organization. Are. DHS will also expand some flexibility for students on F-1 visas when they want to change their status to H-1B. Additionally, DHS will establish new H-1B eligibility requirements for emerging entrepreneurs; And
* Strengthening integrity measures: In addition to changing the selection process, abuse and fraud in the H-1B registration process will be reduced by preventing related entities from submitting multiple registrations for the same beneficiary. The rule would also codify USCIS’s authority to conduct site visits and clarify that a refusal to comply with a site visit may result in the petition being denied or revoked.
What are the proposed changes?
The proposed rule would change how USCIS conducts the H-1B registration selection process to reduce the potential for abuse and fraud. Under the current process, the more registrations submitted by a person, the higher the chances of that person being selected in the lottery. Under the new proposal, every unique individual who has submitted a registration on his own behalf will be included in the selection process once, irrespective of the number of registrations submitted on his own behalf. This will improve the chances of selecting a valid registration by significantly reducing or eliminating the benefit of submitting multiple registrations for the same beneficiary to increase the chances of selection. Additionally, it may also give beneficiaries more choice among legitimate job offers as each registrant submitting a registration for the selected beneficiary will have the ability to file an H-1B petition on behalf of the beneficiary.
For those unaware, the H-1B program helps US companies and employers hire the necessary workers to meet their business needs and remain competitive in the global marketplace. It is one of the most sought after visa programs among Indians.
The H-1B nonimmigrant visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations, defined by law as occupations that require highly specialized knowledge and specialized expertise such as graduate or Higher degree or its equivalent is required.
The proposed rule is intended to reform the H-1B program by:
* Streamlining eligibility requirements: To reduce confusion among the public and adjudicators and to clarify that a designation may allow multiple types of degrees, the criteria for specialty occupation designations will be revised, regardless of the required degree field. There should be a direct connection between (areas) and. Duties of office;
* Improving program efficiency: The proposed rule codifies that adjudicators should generally defer to a prior determination when no underlying facts have changed at the time of the new filing;
* Providing greater benefits and flexibility for employers and workers: Certain exemptions to the H-1B cap will be extended to certain nonprofits or government research organizations, as well as to beneficiaries who are not directly employed by an eligible organization. Are. DHS will also expand some flexibility for students on F-1 visas when they want to change their status to H-1B. Additionally, DHS will establish new H-1B eligibility requirements for emerging entrepreneurs; And
* Strengthening integrity measures: In addition to changing the selection process, abuse and fraud in the H-1B registration process will be reduced by preventing related entities from submitting multiple registrations for the same beneficiary. The rule would also codify USCIS’s authority to conduct site visits and clarify that a refusal to comply with a site visit may result in the petition being denied or revoked.
What are the proposed changes?
The proposed rule would change how USCIS conducts the H-1B registration selection process to reduce the potential for abuse and fraud. Under the current process, the more registrations submitted by a person, the higher the chances of that person being selected in the lottery. Under the new proposal, every unique individual who has submitted a registration on his own behalf will be included in the selection process once, irrespective of the number of registrations submitted on his own behalf. This will improve the chances of selecting a valid registration by significantly reducing or eliminating the benefit of submitting multiple registrations for the same beneficiary to increase the chances of selection. Additionally, it may also give beneficiaries more choice among legitimate job offers as each registrant submitting a registration for the selected beneficiary will have the ability to file an H-1B petition on behalf of the beneficiary.
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