US To Amend H-1B Visa Selection Process To Give Priority To Wages, Skill Level

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US To Amend H-1B Visa Process To Prefer Skill, Wages Over Lottery System


The USA on Thursday introduced that it’s going to modify the choice course of for H-1B visa, giving precedence to wage and expertise, as a substitute of the present lottery procedures.

The ultimate rule to be revealed within the federal register on January 8, officers stated, is aimed to guard the financial pursuits of US staff and higher guarantee probably the most extremely expert overseas staff profit from the momentary employment programme.

The H-1B visa is a non-immigrant visa that enables US firms to make use of overseas staff in specialty occupations that require theoretical or technical experience. The know-how firms rely on it to rent tens of 1000’s of staff every year from nations like India and China.

Modifying the H-1B cap choice course of will incentivise employers to supply increased salaries, and/or petition for higher-skilled positions, and set up a extra sure path for companies to attain personnel wants and stay globally aggressive, stated US Citizenship and Immigration Companies.

The ultimate rule can be efficient 60 days after its publication within the Federal Register. The following H-1B visa submitting season is slated to begin on April 1.

“The H-1B momentary visa programme has been exploited and abused by employers primarily looking for to fill entry-level positions and scale back general enterprise prices,” stated USCIS Deputy Director for Coverage Joseph Edlow.

“The present H-1B random choice course of makes it troublesome for companies to plan their hiring, fails to leverage the programme to compete for one of the best and brightest worldwide workforce, and has predominantly resulted within the annual inflow of overseas labor positioned in low-wage positions on the expense of US staff,” he stated.

This effort will solely have an effect on H-1B registrations (or petitions, if the registration course of is suspended) submitted by potential petitioners looking for to file H-1B cap-subject petitions.


“It is going to be applied for each the H-1B common cap and the H-1B superior diploma exemption, however it won’t change the order of choice between the 2 as established by the H-1B registration ultimate rule,” USCIS stated.

“The Division of Homeland Safety had beforehand revealed a discover of proposed rulemaking on November 2, 2020. It rigorously thought-about the general public feedback acquired earlier than deciding to publish the proposed laws as a ultimate rule,” USCIS stated.

In accordance with the ultimate rule, a model of which was launched by Division of Homeland Safety, As an alternative, a registration system that faithfully implements the Immigration and Nationality Act (INA) whereas prioritising registrations primarily based on wage stage inside every cap will incentivize H-1B employers to supply increased wages, or to petition for positions requiring increased expertise and higher-skilled aliens which can be commensurate with increased wage ranges, to extend the chance of choice and eligibility to file an H-1B cap-subject petition.

Furthermore, it would maximize H-1B cap allocations, in order that they extra doubtless will go to one of the best and brightest staff; and it’ll disincentivise abuse of the H-1B programme to fill comparatively lower-paid, lower-skilled positions, which is a big drawback beneath the current choice system, it stated.

“Whereas administering a random lottery system is cheap, it’s thoughtless of Congress”s statutory functions for the H-1B program and its administration,” stated the ultimate rule.

The adjustments on this ultimate rule will apply to all registrations, together with these for the superior diploma exemption, submitted on or after the efficient date of the ultimate rule.

As per Congressional-mandated cap, USCIS in a single 12 months can situation a most of 65,000 H-1B visas. It might probably additionally situation one other 20,000 H-1B visas to these overseas college students who’ve accomplished increased research from a US college in STEM topics.


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