In a bid to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system, the Biden-led administration proposed sweeping changes in H-1B visas, stated an official press release.

The department of homeland security (DHS), through the US Citizenship and Immigration Services (USCIS), published a notification  of proposed rulemaking (NPRM) on Oct 20 that would modernise the H-1B specialty occupation worker programme.

The change will streamline eligibility requirements, improve programme efficiency, provide greater benefits and flexibilities for employers and workers, and strengthen integrity measures.

“DHS continues to develop and implement regulations that increase efficiency and improve processes for employers and workers navigating the immigration system,” said secretary of homeland security Alejandro N Mayorkas in the release.

“The Biden-Harris Administration’s priority is to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system,” he added.

Mindful selection process

According to the notice, the proposed rule would change how USCIS conducts the H-1B registration selection process to reduce the possibility of misuse and fraud.

Under the current process, the more registrations that are submitted on behalf of an individual, the higher the chance that individual will be selected in a lottery.

Whereas the new selection process includes each unique individual who has a registration submitted on their behalf, they would be entered into the selection process once, regardless of the number of registrations submitted on their behalf.

In addition to changing the selection process, it would reduce misuse 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 revocation of the petition, said DHS.

Promote startups

DHS would also extend certain flexibilities for students on an F-1 visa when students are seeking to change their status to H-1B. Additionally, DHS would establish new H-1B eligibility requirements for rising entrepreneurs.

The H-1B programme helps U.S. employers hire the employees they need to meet their business needs and remain competitive in the global marketplace while adhering to all U.S. worker protections under the law.

(Source: USCIS Press release) 

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