US proposes changes to H1 B visa regulations


To streamline the H-1B process, the US Citizenship and Immigration Services (USCIS) Department of Homeland Security (DHS) has proposed changes in the H-1B speciality occupation worker program.

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The USCIS will be streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures, a news release noted. The proposed changes would alter how the agency conducts the H-1B registration selection process to reduce the possibility of misuse and fraud.

The H-1B program helps US employers hire employees and employ foreign workers in occupations,  that require highly specialized knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent.

Some of the changes include, a revised rule to reduce confusion between the public and adjudicators and to clarify that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the position.

The Department would extend certain flexibilities for students on an F-1 visa when students are seeking to change their status to H-1B. It would also establish new H-1B eligibility requirements for rising entrepreneurs. In addition to the modification in the selection process, the prohibition of related entities from submitting multiple registrations would reduce misuse and fraud in the H-1B registration process.

Secretary of Homeland Security Alejandro N Mayorkas, mentioned that the authority continues to develop regulations that increase efficiency and improve processes for employers and workers navigating the immigration system. “The Biden-Harris Administration’s priority is to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system,” Mayorkas maintained.

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