Biden admin proposes changes in H1B visa programme to improve efficiency

The Biden administration is proposing changes to the H1B foreign worker program to improve efficiency by streamlining eligibility, providing more flexibility for F-1 students, entrepreneurs and those working for nonprofits and improving conditions for other non-immigrant workers.

The rules, which are expected to be published in the Federal Register by the US Citizenship and Immigration Services (USCIS) on October 23, are proposed without changing the Congress-imposed 60,000 visa limit on the number of such visas entering the US issues annually.

Making the proposed rules public so that stakeholders can provide their comments and feedback, the Department of Homeland Security (DHS) said the proposed rule changes are aimed at streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibility to employers and employees. and strengthening integrity measures.

The H1B program helps U.S. employers hire the workers they need to meet their business needs and remain competitive in the global marketplace, while adhering to all U.S. employee protection standards under the law.

In a statement, Homeland Security Secretary Alejandro N Mayorkas said the Biden-Harris administration’s priority is attracting global talent, reducing unnecessary burdens on employers and preventing fraud and abuse in the immigration system.

Noting that the H1B nonimmigrant visa program allows U.S. employers to temporarily hire foreign workers in specialized occupations, which are defined by law as occupations that require highly specialized knowledge and a bachelor’s or higher degree in the specific specialty or its equivalent, DHS said the proposed This rule would change the way USCIS conducts the H1B registration selection process to reduce the potential for abuse and fraud.

Under the current process, the more registrations submitted on behalf of an individual, the more likely that person is to be selected in a lottery. Under the new proposal, each person whose name submitted a registration would be entered into the selection process once, regardless of the number of registrations submitted on their behalf, DHS said in a statement.

This would increase the chances of a legitimate registration being selected by significantly reducing or eliminating the benefit of submitting multiple registrations for the same beneficiary solely to increase the chances of selection. In addition, it could also give beneficiaries more choice among legitimate job openings, as any registrant who has filed for a selected beneficiary would have the opportunity to file an H-1B petition on behalf of the beneficiary, the report said.

Under the proposed rule, the criteria for specialty occupations would be revised to reduce confusion between the public and adjudicators and to clarify that a position can allow for a range of degrees, although there must be a direct relationship between the required degree areas. and the duties of the position.

The proposed rule codifies that adjudicators generally must wait for a preliminary determination when no underlying facts have changed at the time of a new filing.

Under the proposed rule, certain exemptions from the H1B cap would be expanded for certain nonprofit or government research organizations, as well as for beneficiaries not directly employed by a qualifying organization.

DHS would also provide certain flexibility to students on F-1 visas when students wish to change their status to H1B. Additionally, the department would establish new H1B eligibility requirements for emerging entrepreneurs.

Strengthening integrity measures, in addition to changing the selection process, would reduce abuse and fraud in the H1B registration process 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 withdrawal of the petition, DHS said.

Indian-American Ajay Bhutoria, a leading advocate for immigration reform, welcomed the proposed “modernization of H1B requirements, providing flexibility in the F-1 program and program improvements that impact regulations for other non-immigrant workers.” .

These proposed changes mark an important step toward streamlining our immigration system and making it more accessible to highly skilled professionals and students from around the world, Bhutria said.

The proposed reform plan reflects a thoughtful approach to addressing some of the long-standing problems in the H1B visa program, including providing more flexibility to F-1 students and improving conditions for other non-immigrant workers. We appreciate DHS’s commitment to creating an environment conducive to attracting global talent and maintaining the competitiveness of U.S. industry, said Bhutoria.