USA Unveils Plan For Changes in H-1B Visa, Let Us Understand The Proposed Effects on Professionals and International Students!
US Government unveils proposed changes in H-1B Visa Program which could have various consequences on Professionals and International students working there.
USA Unveils Plan For Changes in H-1B Visa, Let Us Understand The Proposed Effects on Professionals and International Students!
Introducing a variety of proposed changes to the H-1B visa program lately by US immigration agencies is a significant event that might have far-reaching effects for Indian professionals working in the United States of America. According to an article by Lubna Kably in The Times of India, the adjustments, intended to modernize the program as well as combat fraud, are expected to result in changes to the selection procedure, eligibility requirements, and possibilities for startup founders. There were over 580,000 H-1B visa holders in the US at the conclusion of the fiscal year 2019, with a sizable portion of them being Indian citizens.
According to a statement from the Department of Homeland Security (DHS), the Biden administration is aiming to streamline the program with these modifications, making it more effective, flexible, as well as welcoming for employers, business owners, along with non-profit employees. The US Citizenship and Immigration Services (USCIS), which plans to release the new guidelines on October 23, emphasizes reducing qualifying standards and enhancing program effectiveness. One of the major adjustments involves changing how USCIS handles the H-1B registration selection procedure, which lowers the likelihood of misuse as well as fraud. In accordance with the current setup, a person’s chances of being chosen in the lottery increase with the number of registrations they have submitted.
No matter how many registrations are made on their behalf, the current proposal calls for only one entry per person into the selection process. The purpose of this adjustment is to considerably reduce the benefit of submitting several registrations for the same beneficiary in order to improve the likelihood that they will be chosen. In addition, since any registrant could submit an H-1B petition on behalf of the chosen beneficiary, it is anticipated that beneficiaries will have access to more genuine employment opportunities. The proposed reforms aim to provide F-1 students, entrepreneurs, as well as staff of nonprofit organizations more freedom in addition to altering the way applicants are selected.
The Biden administration aims to draw in the finest individuals from around the world while guaranteeing compliance with legal worker protection standards in the US by providing better working conditions for non-immigrant employees. The Biden-Harris administration’s top priorities, according to Secretary of Homeland Security Alejandro N. Mayorkas, are to recruit international talent, lessen excessive costs on employers, as well as stop fraud and abuse in the immigration system. These goals are aligned with the proposed revisions, which aim to provide a more effective and equitable system for both companies as well as foreign workers.
How Proposed H-1B Visa Changes Will Affect Professionals
Addressing Gaming of the System
The proposed modifications to the H-1B visa program are expected to result in an unprecedented shift, particularly when it comes to terms of reducing the gaming of the system. Abuse of the lottery selection method has proven to be one of the main issues. At present, those who register more than once have a better chance of winning the lottery. The new rules, however, indicate a significant change: regardless of the number of registrations made on their behalf, each individual beneficiary will only be included in the selection process a single time.
With this change, it will no longer be possible for dishonest business entities as well as middlemen to submit many applications on behalf of the same applicant, providing them with an unfair advantage without having an actual employment offer. The increasing number of instances of this exploitation in recent years was emphasized by Greg Siskind, a co-founder of Siskind Susser. The suggested modifications are meant to tackle this problem head-on, giving priority to the need to stop system abuse as well as guarantee impartiality for all applicants.
Revisions in Specialty Occupation Definition
The proposed revisions also include redefining what qualifies as a “specialty occupation” for H-1B eligibility. Job positions without specialized degrees may encounter difficulties in approval, as stated by Cyrus D. Mehta, an immigration lawyer in New York. For instance, positions that formerly did not require highly specialized degrees, such as marketing managers, may now be subject to additional scrutiny as well as may even be rejected.
Furthermore, while deciding whether a job position qualifies as a specialized occupation, the suggested revisions also take the client’s requirements into account. For Indian professionals, in particular those in the technology sector who frequently operate on client sites, this element has important ramifications. The rising need for specialized talents could result in a more competitive environment, requiring H-1B candidates to possess greater qualifications as well as experience.
How H-1B Visa Changes Will Affect International Students
Extended Cap-Gap Protection and OPT Flexibilities
The good news is also on the way for foreign students who are studying in the US on F-1 or study visas owing to the proposed H-1B modernization standards. The addition of an extended cap-gap protection time is one noteworthy alteration. The time between the expiration of an international student’s F-1 status as well as the beginning of their H-1B status is referred to as the cap-gap. This period would be extended, according to the proposed rule, from September 30 to April 1 of the calendar year that follows.
Students would have a more secure transition time because they would have an additional six months of status as well as employment authorization. Furthermore, for students eligible for optional practical training (OPT), the proposed rule provides a one-year period of OPT. Students in STEM disciplines, on the other hand, will get an additional two-year extension. This extension allows students to get essential work experience in the fields they are interested in while also raising their chances of successfully transitioning to an H-1B visa as well as therefore increasing their prospects in a competitive employment market.
Therefore, 5 Major Changes Reshaping the H-1B Landscape Are-
- Elimination of Multiple Entries: The removal of numerous submissions made by employers on behalf of the same employee may be the most significant change. In the past, this technique exaggerated the probable outcomes of some applications. Employers are now required to submit passport information for each employee, and employees can only be registered once per proposed rule. Bypassing this regulation will result in rejections or revocations, which guarantees a fair and equal selection process.
- No Need for “Employer-Employee” Relationship: The requirement for a “employer-employee” connection, which was formerly a barrier for entrepreneurs, has been removed. This change makes it easier for entrepreneurs to obtain H-1B visas through their own businesses, even if they own more than fifty percent of the business they are running.
- Remote Job Offers Accepted: The Department of Homeland Security acknowledges the post-pandemic employment landscape as well as accepts remote work as a legitimate job offer. This is in line with the rising use of telecommuting, which gives companies as well as staff members flexibility.
- Automatic “Cap-Gap” Extension: The suggested extension of the “cap-gap” provision permits F-1 Optional Practical Training to be prolonged until April 1st of the following year or until the student receives their H-1B visa, whatever comes first. Students will have a more secure transition period as a result of this.
- Stricter Definition of “Specialty Occupation”: The criteria for what constitutes a “specialty occupation” have changed. The duties of the post must now directly relate to the field of study required for admission. While this modification assures alignment, it may also result in additional Requests for Evidence (RFEs) as well as rejections, which could provide difficulties for candidates.
Public Comment Period: Notably, these modifications are not permanent. A “public comment period” has been started by the Department of Homeland Security as well as will last until December 22, 2023. During this time, anyone can offer their opinions and help form the final regulations. A rare opportunity exists for stakeholders, companies, and immigrants to shape the direction of the H-1B program.
This suggested modification would bring the H-1B visa program much closer to meeting the needs of the modern workforce. The public comment period is a crucial opportunity for concerned parties to participate as well as express their opinions, even though these changes present opportunities. This important feedback will influence the final rule, which is anticipated in 2024, making this time a crucial point in the evolution of the program.
Shaping the Future of H-1B Visas
A significant turning point in the history of the H-1B visa program, the proposed modifications indicate a determined attempt to modernize and adapt to the changing needs of the American workforce. These modifications attempt to level the playing field for applicants, from entrepreneurs to skilled professionals as well as students from other countries, with a focus on fairness, integrity, and flexibility.
Of particular significance, these suggested adjustments are not definitive. Immigrants, employers, as well as other stakeholders are encouraged to offer their opinions through a window for public comment that will be open until December 22, 2023, according to the Department of Homeland Security. For those affected by the H-1B program, this time period presents an exceptional chance to influence the program’s trajectory in the future.
Participating actively in this public comment period becomes more than just a right; it also becomes our responsibility as the country continues to reform its immigration policies. By participating in this discussion, people and businesses can have an impact on the rules that are ultimately adopted, ensuring that the H-1B visa program continues to be flexible, equitable, as well as in line with contemporary workplace requirements.
A more inclusive, equitable, as well as opportunity-driven environment will be created as a result of these concerted efforts, which will also define future experiences for H-1B applicants and represent the democratic spirit of the American immigration system. This period of consultation serves as evidence of the effectiveness of public participation as well as emphasizes the significance of each person’s role in establishing laws that have an impact on lives and careers.
