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US proposes changes to H1 B visa regulations

The H-1B program helps US employers hire employees and the H-1B non-immigrant visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations.

H-1B Visa Program representative image / (Photo: iStock)

In an effort 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.

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 release said.

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 speciality, 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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