WASHINGTON – In a bid to enhance the efficiency of the H-1B foreign worker program, the Biden administration is set to introduce a series of changes while maintaining the mandated annual cap of 60,000 visas.
The proposed adjustments have a dual focus: simplifying eligibility criteria and providing greater flexibility for F-1 students, entrepreneurs, and those affiliated with nonprofit organizations.
The changes are scheduled for publication by the US Citizenship and Immigration Services (USCIS) on October 23 and the administration believes that the measures will be introduced to safeguard the program’s integrity.
The Department of Homeland Security (DHS) is actively seeking public input to refine the program’s efficiency and benefits for employers and workers, ultimately improving the H-1B program’s integrity.
As part of the changes, Secretary of Homeland Security Alejandro N. Mayorkas underscores the administration’s commitment to attracting global talent while maintaining regulatory compliance.
As per the details available, the proposed rules seek to modify the H1B registration selection process to reduce the potential for misuse and fraud.
Under the proposed changes, each individual would have a single entry in the selection process, regardless of the number of registrations submitted on their behalf. It will also offer beneficiaries more options between legitimate job offers.
Moreover, the criteria for specialty occupation positions would be clarified, aligning required degree fields with job duties. Additionally, adjudicators would defer to prior determinations if no relevant facts have changed.
The proposed rule extends certain exemptions to the H-1B cap for nonprofit entities, governmental research organizations, and beneficiaries not directly employed by a qualifying organization.
The changes are comprehensive in the sense that the rules grant more flexibility to F-1 visa students seeking to transition to H-1B status and introduce new eligibility requirements for aspiring entrepreneurs.
To combat misuse and fraud, related entities would be prohibited from submitting multiple registrations for the same beneficiary and the USCIS would be allowed to conduct site visits, with non-compliance potentially resulting in petition denial or revocation.
In a crucial move to maintain competitiveness in the global job market, the H-1B program stands as a pivotal tool for US employers. It enables them to secure the necessary talent while ensuring compliance with US labor regulations.
The H1B non-immigrant visa program provides a mechanism for US employers to temporarily bring in foreign workers with specialized skills, typically requiring at least a bachelor’s degree.
