The US proposes H-1B changes for efficiency without altering the annual limit, streamlining eligibility, and adding flexibility for workers.
The Biden administration is looking to bring significant changes to the H-1B foreign worker visa program, aimed at streamlining eligibility criteria and enhancing flexibility for F-1 students, entrepreneurs, and other non-immigrant workers. These changes do not impact the Congress-mandated annual cap of 60,000 H-1B visas issued by the US.
What is the H-1B Visa Program?
The H-1B visa is a non-immigrant visa that enables US companies to hire foreign workers for specialty occupations demanding technical or theoretical expertise. Typically granted for three to six years, it can be renewed indefinitely for those involved in the Green Card application process. Many technology companies rely on H-1B visas to employ professionals, with a significant number coming from India and China.
Why were these changes proposed?
The proposal addresses the issue of misuse within the H-1B registration system. In recent years, the number of registrations submitted on behalf of individuals increased, raising suspicions of misuse. Some sponsoring employers made multiple registrations for the same individual to boost their chances of selection without job offers. The changes aim to level the playing field and enhance the chances of a legitimate registration being selected.
What are the key changes proposed?
1. Elimination of multiple entries: Employers can no longer submit multiple entries for the same employee, addressing artificial inflation of selection chances. Passport information for each employee must be provided.
2. Removing "employer-employee" requirement: The proposed rule simplifies the process, allowing entrepreneurs to utilize the H-1B program for their businesses more effectively. Foreign nationals can be sponsored for an H-1B visa by their company.
3. Flexible job offers: Recognizing the changing work culture post-COVID, bona fide job offers can include telework, remote work, or off-site work within the US.
4. Extended cap-gap provision: F-1 visa students seeking a change of status to H-1B would benefit from an extended cap-gap provision. Under the new rule, the F-1 Optional Practical Training can be extended until April 1 of the following year or until they receive their H-1B visa.
These proposed changes aim to streamline eligibility, enhance program efficiency, and provide greater benefits and flexibility to employers and workers while strengthening integrity measures. The Biden administration's goal is to attract global talent, reduce burdens on employers, and prevent fraud and abuse in the immigration system. The proposal is expected to be introduced before the next H-1B cap registration season in early 2024.
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 "H-1B visa changes, USCIS proposal, foreign worker eligibility, streamlining, F-1 students, entrepreneurs, non-immigrant workers")
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