The Department of homeland security (DHS) today published new rules for granting visas under the program for H1-B, which will enter into force on 1 April 2019.
Under the new rules, USCIS will first select the H-1B petition filed on behalf of all beneficiaries, including those who may be eligible to receive benefits with advanced degrees. Then choose from the remaining acceptable petitions a number which, according to forecasts, will reach liberation from the degree. This will increase the chances of beneficiaries with a master’s degree or above from higher education institutions of the USA.
«These simple and smart changes are a positive advantage for employers of foreign workers they seek to employ judges and agencies that help to improve the visa program the H-1B. The new registration system, once implemented, will reduce the overall cost to employers and increase the efficiency of public administration. We are also promoting the goal of President trump to improve our immigration system, making simple adjustments to the selection process covers the H-1B. As a result, U.S. employers seeking to employ foreign workers with higher education, the United States, will have more chances for selection in the lottery of H-1B», — said in a statement the USCIS Director L. Francis Cissna.
It is expected that rule changes will increase to 16% (or 5 340 employees) number of selected petitions for beneficiaries of H-1B with a master’s degree or higher from U.S. institutions of higher education. USCIS will begin accepting H-1B petition on the 2020 financial year from 1 April 2019.
Jeff Lande, a representative of the Indian NASSCOM (estimates vary, Indian citizens are choosing more than 2/3 of visas for H-1B), told the Mercury News that rule changes however, will not help the greater part of the technical working Americans:
«This puts the Government in the role in which it decides that it need industry in terms of talent. We have school systems across the country, technology companies, hospitals, etc. and they will not have access to 5000-6000 H-1B that are best suited for them. Workers with degrees of the master or the doctor is not always more qualified. Holders of bachelor degree with years of experience and advanced skills that are increasingly required by employers will now be followed by professors who may not be as experienced.»
At the request of workers, USCIS will suspend the requirement of electronic registration within the deadline of the season 2020 fiscal year, to complete user testing to ensure complete system operation. Also USCIS will publish a notice in the Federal register to announce the initial implementation process of electronic registration for H-1B in anticipation of the ultimate season and will conduct outreach to the petitioners understand how to access and use the system.
The measure is consistent with the General strategy of the White house on immigration restriction and encouragement of entry of persons already trained in the United States. Donald trump called it «Buy yourself American», stating that such measures protect the labour rights of citizens of the United States.
