The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published a proposal to update the H-1B program. The H-1B visa is an employment-based visa used by U.S. employers to temporarily hire foreign workers with specialized knowledge and degrees.
The proposed changes are aimed at making the program more efficient, beneficial, and secure. Here’s what they include:
- Adjusting the Selection Process
- Currently, the more times a person’s name is submitted in the H-1B registration, the better their chances of being chosen. The new proposal suggests that each individual should only be entered once, regardless of how many times their name is submitted. This ensures fairer selection and increases the chances of legitimate registrations being chosen.
- Clarifying Eligibility Criteria
- The criteria for specialty occupation positions would be revised to provide clearer guidelines about the relationship between the required degree and job duties.
- Enhancing Program Efficiency
- Adjudicators would generally rely on prior determinations when there are no significant changes at the time of a new filing.
- Offering More Benefits and Flexibility
- The proposed changes expand certain exemptions from the H-1B cap for nonprofit entities, governmental research organizations, and beneficiaries not directly employed by a qualifying organization.
- Students on F-1 visas seeking to switch to H-1B status would have added flexibilities, and new eligibility requirements for rising entrepreneurs would be introduced.
- Strengthening Integrity Measures
- To reduce misuse and fraud in the H-1B registration process, related entities would be prohibited from submitting multiple registrations for the same beneficiary.
- The proposal also reaffirms USCIS’ authority to conduct site visits and clarifies that refusal to cooperate during site visits may lead to petition denial or revocation.
The public has a 60-day window to provide comments following the proposal’s publication in the Federal Register.
If you have questions about the H-1B visa or any other immigration-related matter, contact us. We leverage our extensive experience to ensure our clients receive the right advice to maximize their chances of a positive outcome. We are with you every step of the way through the immigration journey.