In a major development, the Department of Homeland Security (DHS), in collaboration with the U.S. Citizenship and Immigration Services (USCIS), has released a Notice of Proposed Rulemaking (NPRM) aimed at modernizing the H-1B specialty occupation worker program. This NPRM will bring about substantial changes that will simplify the eligibility process, enhance program efficiency, provide more benefits and flexibility for employers and foreign workers and strengthen the program’s integrity measures.
Streamlining Eligibility Requirements
One of the primary objectives of the proposed rule is to streamline eligibility requirements for the H-1B program. Currently, the criteria for specialty occupation positions can sometimes lead to confusion among the public and adjudicators. The new rule aims to clear up this confusion by revising the criteria. It emphasizes that a position may allow for a range of degrees if there’s a direct relationship between the required degree field(s) and the job’s duties. This clarification is set to make it easier for employers and foreign workers to navigate the program’s requirements.
Enhancing Program Efficiency
The proposed rule focuses on efficiency. It codifies the principle that adjudicators should generally defer to a prior determination when no underlying facts have changed at the time of a new filing. This will reduce redundancy in the application process, making it more efficient for employers and adjudicators.
Providing Greater Benefits and Flexibilities
Under the proposed rule, certain exemptions to the H-1B cap will be expanded for nonprofit entities and governmental research organizations. This expansion provides more opportunities for employers in these sectors to hire foreign workers when they need highly specialized skills. Additionally, the rule will extend certain flexibilities to students on an F-1 visa seeking to change their status to H-1B, making it easier for international students to transition into the workforce.
Moreover, the proposed rule introduces new H-1B eligibility requirements for rising entrepreneurs. This change is in line with the Biden-Harris Administration’s vision to attract global talent, offering opportunities to promising individuals who can contribute to the U.S. job market.
Strengthening Integrity Measures
In a move to prevent misuse and fraud in the H-1B registration process, the proposed rule introduces measures to deter related entities from submitting multiple registrations for the same beneficiary. Furthermore, it codifies USCIS’ authority to conduct site visits and clarifies that a refusal to comply with site visits may result in the denial or revocation of the petition. These measures aim to safeguard the program’s integrity and ensure that it is used for its intended purpose.
A Chance for Public Input
The proposed rule is now open for public comment for a period of 60 days following its publication in the Federal Register. This allows stakeholders, experts, and the public to offer their insights and opinions on the proposed changes, shaping the final outcome.
In conclusion, the proposed modernization of the H-1B program represents a significant step towards enhancing the efficiency and integrity of the immigration system while benefiting both employers and foreign workers. The changes introduced in this NPRM align with the Biden-Harris Administration’s vision of attracting global talent, reducing undue burdens on employers, and preventing fraud and abuse in the immigration system. This comprehensive reform is poised to make the H-1B program more accessible and efficient for all parties involved.]
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