A final rule changing regulations governing H-1B cap-subject petitions, counting also those that could be eligible for the advanced degree exemption has been posted for public inspection by the Department of Homeland and Security.
An announcement by the United States Citizenship and Immigration Services (USCIS) noted that the final rule moves back the order based on which the USCIS chooses H-1B petitions under the regular cap as well as the advanced degree exemption. It also introduces an electronic registration requirement for applicants seeking to file H-1B cap-subject petitions.
The new rule will be implemented on April 1, despite the fact that the electronic registration requirement will be frozen for the fiscal year (FY) 2020 cap season, VisaGuide.World reports.
“These simple and smart changes are a positive benefit for employers, the foreign workers they seek to employ, and the agency’s adjudicators, helping the H-1B visa program work better,” the USCIS Director L. Francis Cissna pointed out.
Director Cissna said that once the new registration system would be implemented, it would contribute to increasing the government’s efficiency and lower overall costs for employers.
He stressed that the recent decision would push President Trump’s goal forward and improve the immigration system by imposing new changes.
“As a result, US employers seeking to employ foreign workers with a US master’s or higher degree will have a greater chance of selection in the H-1B lottery in years of excess demand for new H-1B visas,” he said.
The administration of President Joe Biden has recently announced that it will delay the H-1B visa policy imposed previously by Trump’s administration on the allocation of the foreign work visas and continue with the lottery system until December 31, 2021, so the agency can have more time to develop and implement the changes to the registration system.
The same agency, on January 7, announced plans to abolish the traditional lottery system in choosing the successful applicants for the H-1B visas.
Former US President Trump, in January, amended the H-1B visa norms in order to give priority to higher wages when selecting candidates. USCIS, back then emphasized that the changes would lead to a more confident path for the business sector.
On February 4, the agency announced that it would delay the rule’s effective date until December 31, set to take effect on March 9.
“To give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process, DHS is delaying the effective date of this final rule from March 9, 2021, to December 31, 2021,” the statement reads.
Through the H-1B non-immigrant visa, the United States companies are eligible to employ foreign workers engaged in fields like IT specialists, lawyers, architects, doctors, professors, etc.