Thu. Mar 28th, 2024

The Donald Trump administration has on Friday, proposed some major changes to the H-1B visa application process, comprising some new rules under the application to introduce more meritorious selection of beneficiaries.

The new rule includes electronic registration in advance of the petitioners into the companies, which directly aimed to provide higher degree foreign workers an American work visa.

H1B visa is very popular among IT’s companies of India and also professionals, who are provided with United States companies to employ themselves in the specific occupations, which requires technical or theoretical expertise.

Under the newly propose rule in H1B, the US companies employing foreign workers under H1B are required to electrically register the beneficiaries with the United States Citizenship and Immigration Services (USCIS) during the period of registration.

According to US Congress policy, H1B visa has a cap of 65,000 visas each year to the foreign employees. However, beneficiaries whose petitions comes under first 20,000 visa petitions filed are exempted from the cap.

Under the applied new rule, the USCIS are allowed to reverse the rule by accepting H1B petition under the H1B cap and also advance degree exemption.

This will help in increasing the number of foreign worker – masters and higher degree from US higher education institute- to get selected under H1B cap.

The Department of Homeland Security (DHS) said, “Currently, in years when the H-1B cap and the advanced degree exemption are both reached within the first five days that H-1B cap petitions may be filed, the advanced degree exemption is selected prior to the H-1B cap. The proposed rule would reverse the selection order and count all registrations or petitions towards the number projected as needed to reach the H-1B cap first.”

In a statement DHS said, “This proposed change would increase the chances that beneficiaries with a master’s or higher degree from a US institution of higher education would be selected under the H-1B cap and that H-1B visas would be awarded to the most-skilled and highest-paid beneficiaries.”

DHS also showed concerns over public comments on this new rule applied, which will get start from December 3.

DHS also said, “This would help reduce wait times for cap selection notifications. The proposed rule also limits the filing of H-1B cap-subject petitions to the beneficiary named on the original selected registration, which would protect the integrity of this registration system.”

Last year, US President Donald Trump has instructed DHS and other agencies to “suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries”.

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