US Immigration Agency Reforms the H1B Visa Scheme
The reforms are said to be made to protect US jobs while also ensuring that the H1B visa program rewards the most highly qualified foreign workers. The final law, which was declared by USCIS, will take effect 60 days after it is released in the Federal Register.
On April 1, 2021, the next H1B visa filing season is scheduled to begin. The H1B temporary visa program has been manipulated and abused by employers largely looking to fill entry-level vacancies and minimize overall business costs, according to USCIS Deputy Director for Policy Joseph Edlow.
It's tough for companies to prepare ahead when it comes to recruiting
Meanwhile, Edlow argued that the H1B lottery system made it difficult for US companies to schedule their hiring, that the policy fails to exploit the program to compete for the best and brightest international workforce, and that it has largely resulted in the annual influx of foreign labor put in low-wage positions at the expense of US employees.
According to the USCIS, reforming the H1B visa system would enable employers to pay higher wages and/or petition for higher-skilled jobs, as well as provide companies with a more stable path to fulfill staffing requirements and remain internationally competitive. These amendments would only affect H1B registrations or petitions submitted by prospective petitioners seeking to file H1B cap-subject petitions if the registration process is suspended.
USCIS confirmed that the changes would be enforced for both the H1B standard limit and the H1B advanced degree exemption, but that the order of selection between the two would remain the same as it was in the H1B registration final regulation.
Department of Homeland Security (DHS)
The Department of Homeland Security (DHS) issued a plan in November 2020 proposing possible improvements to the H1B visa program. The Department of Homeland Security agreed to publish the amendments as a final rule after carefully considering public comments.
A registration system that faithfully implements the Immigration and Nationality Act (INA) while prioritizing registrations based on wage level within each limit would incentivize H1B employers to pay higher wages, according to a DHS statement on the final rule. Alternatively, to increase the probability of selection and eligibility to file an H1B cap-subject petition, petition for positions requiring higher skills and higher-skilled aliens that are commensurate with higher wage levels.
The reforms would ‘maximize H1B limit allocations,' according to the announcement, making them more likely to be given to the brightest employees while discouraging misuse of the H1B program to fill low-paid, low-skilled job positions.
Although administering a random lottery system is fair, it is inconsiderate to Congress's statutory objectives for the H1B program and its administration, according to the Department of Homeland Security.
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