H-1B Visa: As part of its effort to give maximum opportunity to overseas workers receiving higher education from the United States, the Trump Administration formally announced a new rule on the H-1B visa filing on Wednesday, in which It was said that it helps in attracting the most efficient, effective and best talent in America. The final rule reverses the order by which the US Citizenship and Immigration Service (USCIS) selects H-1B petitions under regular cap and advanced degree exemption. Among other things, this introduces an electronic registration requirement for petitioners wishing to file an H-1B cap-subject petition. USCIS said that to be published on Thursday in the Federal Register, the new rule will apply on April 1, although the requirement of electronic registration will be suspended for the fiscal year (FY) 2020.
USCIS director Francis Sisna said, “These simple and smart changes are a positive advantage for employers, foreign workers who want to give them employment, and help the agency improve their H-1B visa program. ” Earlier this month, President Donald Trump said that he wants to make changes in H-1B visa systems so that these visa holders can live in the country and accelerate their path towards citizenship.
The popular H-1B visa among Indian IT professionals is a non-immigrant visa, which allows US companies to employ foreign businesses in specialty occupations, which require theoretical or technical expertise. Once the new registration system, once implemented, the overall cost for employers will be reduced and the government efficiency will increase, he said.
Cissna said that the USCIS is also pushing the goal of improving Donald Trump’s immigration system by making a simple adjustment for the H-1B cap selection process. “As a result, American employers seeking appointment to foreign workers with American Master or High Degree will get more chance of selection in the H-1B lottery in the years of additional demand for new H-1B visas,” Sisna said .
Effective April 1, the USCIS will first select H-1B petitions (or registration, once the requirement of registration is required) on behalf of all beneficiaries, including those which may be eligible for the advanced degree rebate . After this, USCIS will select one of the remaining eligible petitions, which is anticipated reaching the advanced degree exemption.
A source in the media said that the change in the order of counting these allocations would probably increase the number of petitions for the beneficiaries of Master or higher degree from the American Institute of Higher Education, to be selected under H-1B numerical allocation. Specifically, changes will result in an increase of 16 percent (or 5,340 workers) in the number of petitions selected for H-1B beneficiaries with a master’s degree or higher from an American institute of higher education.
USCIS will begin accepting H-1B cap petitions for the financial year 2020 on April 1, 2019. The reverse selection order will apply to the petitions filed for the Financial Year 2020 H-1B Cap Season. Based on feedback, the USCIS said that it has decided to suspend the electronic registration requirement for the financial 2020 Cap Season to complete the user’s test and make the system and process fully functional.
Once applicable, the petitioners will need to file H-1B CAP petitions for the need for electronic registration, including those that may be eligible for advanced degree exemption, during the specified registration period. Register electronically with USCIS
Only those whose registration has been selected will be eligible to file an H-1B cap-subject petition. USCIS expects that the need for electronic registration, once implemented, will reduce the overall cost for the petitioners and according to an official statement, a more efficient and cost effective H-1B cap petition process for USCIS and petitioners Will prepare.