The proposal was released by the Trump administration a few days before the US election and called for public comment. Now this final rule will come into force in 60 days after its publication. However, it could be restored by the new administration.
TOI its Previous report Analyzed the project.
Under the new rule, H-1B cap visas will be assigned according to wage levels, giving priority to those earning higher salaries in their respective industries and employment geography areas.
As a result, H-1B cap visas will first be issued to Level 4 beneficiaries (persons financed by US companies) (which includes the highest and most experienced of the four wage categories), then by Level 3, and until the 85,000 year allotment is completed .
According to the US Department of Homeland Security (DHS), the rule will reduce abuse and provide incentives for employers to use the H-1B program.
According to Rajiv S. Kanna, executive lawyer for Immigration.com, “This drastic change of policy will be seen as unacceptable by the courts, and in various contexts the Trump administration will not be able to use its legislative power. Congress, Which has allowed recruitment at all skill levels. ”
“Furthermore, by a joint resolution of the two chambers of Congress, any control can be changed within sixty days of the change in Congress, which seems feasible,” he added.
Charles Guck, managing partner of Guck Baxter Immigration LLC, tweeted, “The new H-1B lottery system regulation has just been released. It is now a lottery based on illegal salary. The case to order this nonsense will be filed soon. Trump and his Nativeist allies no longer need the ‘rule of law’. ”
New #H1B Lottery System Control has just been released. It is now a lottery based on illegal pay. Lit… https://t.co/YO0YibpeNk
– Charles Guck (uck Guck) 1610034071000
While it is almost impossible to obtain H-1B visas for those with Level 1 (entry level), according to immigration experts, obtaining a visa for those with Level 2 will also be subject to the new rules. In fact, a descriptive study was conducted prior to the DHS Visa Assignment in Level 1.
Indians are the largest beneficiaries of H-1B visas. About 2.78 lakh (or 72%) of the H-1B visas issued or renewed in the financial year ending September 30, 2019, are reserved for Indians. The new rule will make hiring international workers more challenging, and it will significantly affect Indian activists.
According to the Open Doors report, in 2019-20, almost 18% of the total number of international students (or 1.93 lakh) will be from India. 81,173 people were involved in the Optional Practical Training (OPT) program.
The DHS has denied allegations that this could affect the chances of international students, many of whom work under H-1B visas. It points out that OPT (providing one to three years of employment for international students) will not be affected.
“This rule will increase employment at higher wage levels, thus enabling better and brighter students to be selected for cap-subject H-1B status. DHS hopes that will be the case. ”
In the context of the current epidemic, the biggest fear is that it will adversely affect the health sector, which relies heavily on expatriate medical professionals. According to Kiruba Upadhyay, the executive lawyer for the Environment Act, “This will adversely affect scientific research and some hospital conditions. We hope the Biden administration will repeal it before it comes into force. ”
The DHS has denied the fee, saying many foreign medical professionals are eligible for cap-exempt H-1B status and will not be affected by the rule. “In addition, the DHS believes that this rule will benefit U.S. workers more than any negative impact on the relatively small subgroup of H-1B cap-material health workers,” the DHS said.