The Biden administration is set to introduce significant changes to the H1B foreign workers program, aiming to improve fairness and transparency while reducing misuse and fraud in the immigration system. The US Citizenship and Immigration Services (USCIS) will unveil these new rules on October 23. These changes come as part of the administration’s efforts to attract global talent, ease the burden on employers, and prevent abuse in the immigration system, says Secretary of Homeland Security Alejandro N Mayorkas.
However, it’s important to note that the mandated annual limit of 60,000 H1B visas, as set by Congress, will remain unchanged. The proposed changes primarily focus on refining the selection process for H1B registrations.
The primary change in the selection process aims to reduce the potential for misuse and fraud. Currently, multiple registrations submitted for an individual increase their chances of selection through a lottery system. The proposed rule suggests that each person’s registration will be entered into the selection process only once, regardless of how many registrations are submitted on their behalf. This change aims to streamline the process, enhance fairness, and improve transparency.
The Department of Homeland Security (DHS) believes that this adjustment will significantly reduce or eliminate the advantage of submitting multiple registrations for the same beneficiary solely to increase the chances of selection. It will also provide beneficiaries with more choice between legitimate job offers. Each registrant who submitted a registration for a selected beneficiary would have the ability to file an H-1B petition on behalf of the beneficiary.
In addition to changes in the selection process, the proposed rule aims to strengthen integrity measures. It will reduce misuse and fraud in the H1B registration process by prohibiting related entities from submitting multiple registrations for the same beneficiary. The rule will also codify USCIS’ authority to conduct site visits and make it clear that refusal to comply with site visits may result in the denial or revocation of the petition.
Indian American Ajay Bhutoria, a leading advocate for immigration reform, welcomed the proposed changes. He sees them as a significant step towards streamlining the immigration system and making it more accessible for highly skilled professionals and students from around the world.
The H1B program is crucial for US employers, allowing them to hire the employees they need to meet their business needs and remain competitive in the global marketplace. These proposed changes aim to strike a balance between protecting US workers and providing opportunities for foreign professionals, aligning with the administration’s goal to attract global talent and ensure fairness in the immigration system.
Overall, the proposed changes to the H1B program are a step towards making the immigration system more efficient and equitable, while also addressing issues related to misuse and fraud. They reflect the Biden administration’s commitment to ensuring that the program serves its intended purpose effectively and fairly.
