Biden admn plans H-1B visa overhaul to improve efficiency

Washington, October 21

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The Biden administration is proposing changes in the H-1B 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 H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.

Ensuring flexibility

The Department of Homeland Security has said the proposed changes in the rules are aimed at streamlining eligibility requirements, improving programme efficiency, providing greater benefits and flexibilities to employers and workers, and strengthening integrity measures.

It is typically issued for three to six years to employers to hire a foreign worker. But H-1B-holders who have started the Green Card process can often renew their work visas indefinitely. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Making the proposed rules public for stakeholders to give their comments and feedback, the Department of Homeland Security (DHS) said the proposed changes in the rules were aimed at streamlining eligibility requirements, improving programme efficiency, providing greater benefits and flexibilities to employers and workers, and strengthening integrity measures.

The H-1B 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.

In a statement, Secretary of Homeland Security Alejandro N Mayorkas said the Biden-Harris administration’s priority was to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system.

Observing that the H-1B non-immigrant visa programme allows US employers to temporarily employ foreign workers in speciality occupations, defined by statute as occupations that require highly specialised knowledge and a bachelor’s or higher degree in the specific speciality or its equivalent, the DHS said the proposed rule would change how USCIS conducted the H-1B registration selection process to reduce the possibility of misuse and fraud.

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. Under 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. Under the proposed rule, certain exemptions to the H-1B cap would be expanded for certain nonprofit entities or governmental research organisations as well as beneficiaries who are not directly employed by a qualifying organisation.