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The New H-1B Visa Update: A Notice of Proposed Rulemaking (NPRM) that would modernize the H-1B specialty occupation worker program by simplifying eligibility requirements, increasing program efficiency, offering more benefits and flexibility to employers and workers, and fortifying integrity measures was released by the Department of Homeland Security (DHS) through U.S. Citizenship and Immigration Services (USCIS).
In accordance with all legal worker safeguards in the United States, the H-1B program assists American companies in hiring the workers necessary to meet their workforce requirements and maintain their competitiveness in the global market.
Alejandro N. Mayorkas, the secretary of homeland security, stated that “DHS continues to develop and implement regulations that increase efficiency and improve processes for employers and workers navigating the immigration system.”
“Recruiting talent from around the world, easing burdensome regulations on employers, and preventing fraud and abuse in the immigration system are the top priorities of the Biden-Harris Administration.”
Employers in the United States may temporarily hire foreign workers in specialist occupations under the H-1B nonimmigrant visa program.
Today @DHSgov posted a notice of proposed rulemaking to modernize and improve the regulations relating to the H-1B program. To learn more about these improvements, visit: https://t.co/pFaNeFxnvb
— USCIS (@USCIS) October 20, 2023
Specialist occupations are defined by statute as jobs requiring highly specialized knowledge and a bachelor’s degree or higher in the relevant field, or an equivalent.
In order to lessen the chance of fraud and abuse, the proposed regulation would alter how USCIS handles the H-1B registration selection procedure.
According to the existing procedure, a person’s chances of being chosen in a lottery are increased with the number of registrations they submit on their behalf.
No matter how many registrations are made on their behalf, each distinct individual who has a registration submitted on their behalf would only be eligible to participate in the selection process once under the current plan.
This would lessen or completely eliminate the benefit of submitting many registrations for the same beneficiary in an attempt to raise the likelihood of selection, hence increasing the likelihood that a legal registration would be chosen.
Additionally, because each registrant who submitted a registration for a selected beneficiary would have the opportunity to file an H-1B petition on behalf of the beneficiary, it might also give beneficiaries more options among valid job offers.
The proposed regulation will enhance the H-1B visa, among other things, by:
- Simplifying eligibility requirements: the standards for positions in specialty occupations would be updated to make it clearer that a position can accept a variety of degrees, but that there must be a clear link between the degree field or fields needed and the duties of the position. This would also help the public and judges understand each other better.
- Increasing program efficiency: The proposed rule establishes that, in cases where no underlying facts have changed at the time of a new file, adjudicators should typically abide by a prior determination;
- Increasing advantages and flexibility for both employers and employees: Several exemptions from the H-1B cap would be extended to include beneficiaries who are not directly employed by a qualifying company, as well as certain nonprofit organizations and government research organizations. In the event that a student wishes to convert from an F-1 visa to an H-1B visa, DHS will also provide some flexibility. DHS would also create new H-1B eligibility standards for budding entrepreneurs; and
- Increasing integrity measures: linked companies would not be allowed to submit numerous registrations for the same beneficiary, which would prevent fraud and abuse in the H-1B registration process in addition to altering the selection procedure. Additionally, the regulation would make it clear that failure to comply with site inspections could result in the petition being denied or revoked and codify USCIS’ jurisdiction to conduct site visits.
The NPRM is published in the Federal Register, and then the public comment period of sixty days begins.
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