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H1B Visa Process Of Selection To Be Amended

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The H1B visa process of selection has been amended by the United States recently. The new process aims to give preference to skill and salary over the current process based on the lottery system.

According to the authorities from the USCIS (U.S. Citizenship and Immigration Services) the H-1B temporary work visa program is being abused and exploited by employers. They are trying to fill the positions at the entry-level and reduce the cost of business by giving the employees low wages.

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The new H1B visa process of selection rule aims to protect the US employees by giving priority to their economic interests and to ensure that this work visa program is most beneficial to those foreign workers who are highly skilled.

The final rule was entered into the federal register and published on the 8th of January 2021. The rule will come into effect 60 days after getting published in the Federal Register. The next term for filing this visa will begin on the 1st of April 2021.

Read: US Immigrant Visas And Work Visa Restrictions Extended Till 31st March 2021

H-1B Visa – What Is It?

The H-1B visa is a temporary work visa for non-immigrants. This visa permits companies in the US to hire foreign employees in specialty occupations with technical and theoretical expertise.

This is one of the most sought visas by workers from countries like India and China. Most of the tech companies rely on this visa to hire several thousands of employees from other nations every year.

Read: Working In The US – Will It Be Easier For Indians With Biden In The Office?

The Expected Effects Of Modifying The H1B Visa Process Of Selection

According to the USCIS, several outcomes are expected of the modification of the process of selection for an H-1B visa.

  • US employers will be incentivized to offer better salaries to hired foreign workers.
  • Petition for positions that require higher skills and expertise
  • Establish a reliable path for the business and organization to achieve the needs of the employees
  • This will, in turn, help them remain competitive globally
  • The amendment of this rule will affect only those who’ve applied for H-1B registrations
  • The rule will apply to those who’ve petitioned  in case the process of registration has been suspended
  • Prospective petitioners who seek to file for H-1B cap-subject petitions
  • The rule applies to both H-1B exemption for an advanced degree and H-12B regular cap
  • However, the order of selection set by the final rule for H-1B registration between these remains the same
  • With the new rule, H-1B cap allocations will be maximized
  • Higher skilled international workers will be petitioned for the position
  • This means the brightest and technically skilled will get employed
  • They’ll have to be paid higher wage s as well
  • This can put an end to the abuse of the current H-1B visa program
  • Currently, foreign employees are hired to fill low-skilled positions at low wages

Read: No More Country Cap For Employment-Based Green Cards – S386 Bill Explained

Under this category of visa, the changes will apply to all registrations including the ones for exemptions for an advanced degree. This applies to all those applications submitted since the date of effect of the amended rule.

According to the congressionally-mandated cap, a maximum of 65,000 H-1B visas can be issued by the USCIS in a year. An additional 20,000 visas under the same category may also be issued to international students who’ve obtained a degree from a university in the US in STEM subjects.

According to the USCIS, a notice regarding this rule amendment was published earlier by the DHS (Department of Homeland Security) on the 2nd of November 2020.

The public comments and suggestions received regarding the same were carefully evaluated before they decided to publish the amendments proposed as a final rule.

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