The United States government recently proposed changes in the H1B foreign workers programme to improve efficiency by streamlining eligibility, providing more flexibility to F-1 students, entrepreneurs and those working for non-profit bodies and ensuring better condition for other non-immigrant workers.
The 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 Congress-mandated 60,000 limit on the number of such visas the US issues every year.
The 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 law.
No Multiple Entries
Under 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. According to 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 statement, as reported by the news agency PTI.
“This 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 H-1B petition on behalf of the beneficiary,” it said, as quoted by PTI.
Criteria For Speciality Occupation Positions Would Be Revised
As per 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, as reported by PTI. Although there must be a direct relationship between the required degree field(s) and the duties of the position.
The proposed rule codifies that adjudicators generally should defer to a prior determination when no underlying facts have changed at the time of a new filing. Under the proposed rule, certain exemptions to the H1B cap would be expanded for certain nonprofit entities or governmental research organizations as well as beneficiaries who are not directly employed by a qualifying organisation, as reported by PTI.
The DHS would also extend certain flexibility for students on an F-1 visa when students are seeking to change their status to H1B. Additionally, the department would establish new H1B eligibility requirements for rising entrepreneurs. Strengthening 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.
Increased Site Visits
USCIS will be conducting more and stricter site visits to combat fraud, particularly in the IT consulting sector. Inspectors may also conduct visits unannounced, interview officials, review records, and speak with employees. 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 said.
Remote Job Offer
The Department of Homeland Security (DHS) acknowledged that a bona fide job offer can now include telework, remote work, or other off-site work within the United States, as per the NDTV report. This change is in the wake of the widespread adoption of remote work arrangements.