H-1B visa may be a non-immigrant visa that permits US companies to use foreign workers in specialty occupations that need theoretical or technical expertise. The technology companies depend upon it to rent tens of thousands of employees annually from countries like India and China.
Modifying the H-1B cap selection process will incentivise employers to supply higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to realize personnel needs and remain globally competitive, said US Citizenship and Immigration Services.
The final rule are going to be effective 60 days after its publication within the Federal Register. subsequent H-1B visa filing season is slated to start out on April 1.“The H-1B temporary visa programme has been exploited and abused by employers primarily seeking to fill entry-level positions and reduce overall business costs,” said USCIS Deputy Director for Policy Joseph Edlow.
As to the ultimate rule, a version of which was released by Department of Homeland Security , Instead, a registration system that faithfully implements the Immigration and Nationality Act (INA) while prioritising registrations supported wage level within each cap will incentivize H-1B employers to supply higher wages, or to petition for positions requiring higher skills and higher-skilled aliens that are commensurate with higher wage levels, to extend the likelihood of selection and eligibility to file an H-1B cap-subject petition.
As per Congressional-mandated cap, USCIS in one year can issue a maximum of 65,000 H-1B visas. It also can issue another 20,000 H-1B visas to those foreign students who have completed higher studies from a US university in STEM subjects.
During the general public notice period, the department said, several commenters expressed support for the rule and therefore the got to stop visa fraud, abuse, and flooding of petitions by certain staffing or consulting companies.
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