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US Immigration Report: Enhancing the H-1B Program Efficiency

The Biden administration is poised to introduce significant changes to the H-1B foreign worker program. These changes have a twofold goal: streamlining eligibility criteria and providing greater flexibility to specific groups, all while upholding the program’s integrity.

Enhancing the H-1B Program Efficiency

Leveling the Playing Field

One key objective is to level the playing field, ensuring that legitimate registrations have an equal chance of being selected. Moreover, beneficiaries will have more choices when it comes to job offers.

Clarity in Specialty Occupation Criteria

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The proposed adjustments include revising the criteria for specialty occupation positions to clarify the relationship between required degree fields and job duties. Adjudicators will also have guidelines for prior determinations when relevant facts remain unchanged.

Exemptions and Flexibility

Certain exemptions to the H-1B cap will be extended to nonprofit entities, governmental research organizations, and beneficiaries not directly employed by qualifying organizations. F-1 visa students will find it easier to switch to H-1B status, and new eligibility requirements for aspiring entrepreneurs will be introduced.

Curbing Misuse and Fraud

To prevent misuse and fraud, entities will be prohibited from submitting multiple registrations for the same beneficiary. The USCIS will be granted authority to conduct site visits, with non-compliance potentially leading to petition denial or revocation.

Public Input and Feedback

The Department of Homeland Security (DHS) actively seeks public input and feedback on these proposed rules, with a focus on improving efficiency and providing benefits and flexibility for employers and workers.

The Vital Role of the H-1B Program

The H-1B program is crucial for US employers seeking global talent to stay competitive while adhering to labor regulations.

Secretary Mayorkas’ Commitment

Secretary of Homeland Security Alejandro N. Mayorkas underscores the administration’s commitment to attracting global talent, lightening the load on employers, and combating fraud and misuse within the immigration system.

Modifications to the H-1B Registration Process

A closer look at how the proposed rules aim to modify the H-1B registration selection process to reduce misuse and fraud. Under this new proposal, each individual will have just one entry in the selection process, regardless of the number of registrations submitted on their behalf.

Source: Economictimes

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