H1B visa selection process to see major changes soon: ‘Will increase chances for…’

The Biden administration has proposed significant changes to the H1B foreign workers program, aiming to provide relief to US work visa applicants. The US Citizenship and Immigration Services (USCIS) will release these new rules on October 23. 

Noting the same, Secretary of Homeland Security Alejandro N Mayorkas said “the Biden-Harris administration’s priority is to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system.”

However, the mandated annual limit of 60,000 H1B visas will remain unchanged, as set by Congress.

What are the proposed changes?

The changes that are being considered by Department of Homeland Security (DHS) would alter the selection process for H1B registrations to reduce potential misuse and fraud. 

Currently, more registrations submitted for an individual increase their chances of selection through a lottery. The proposed rule suggests that each person's registration would be entered into the selection process once, regardless of how many registrations are submitted on their behalf, streamlining the process and aiming to enhance fairness and transparency, the DHS said in a statement.

“This would improve the chances that a legitimate registration would be selected by significantly reducing or eliminating the advantage of submitting multiple registrations for the same beneficiary solely to increase the chances of selection. Furthermore, it could also give beneficiaries more choice between legitimate job offers because 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,” it said..

Strengthening integrity measures in addition to changing the selection process, misuse and fraud in the H1B registration process would be reduced by prohibiting related entities from submitting multiple registrations for the same beneficiary. The rule would also codify USCIS’ authority to conduct site visits and clarify that refusal to comply with site visits may result in denial or revocation of the petition, the DHS  also said.

Welcoming the proposal, Indian American Ajay Bhutoria, a leading advocate for immigration reform told PTI, “These proposed changes mark a significant step towards streamlining our immigration system and making it more accessible for highly skilled professionals and students from around the world”

The H1B programme helps US employers hire the employees they need to meet their business needs and remain competitive in the global marketplace, while adhering to all US worker protection norms under the law.