New Delhi: The U.S. Department of Homeland Security (DHS) has introduced a plan that promises a significant change in the H-1B visa lottery system.
According to the suggested rules, the selection of H-1B visa registrations will depend on unique beneficiaries, removing the influence of submitting multiple entries on their behalf. Greg Siskind, partner at Siskind Susser PC, emphasized that this modification “is expected to result in increased wages” for the chosen visa holders, providing them with the flexibility to choose from various potential employers.
Beyond the beneficiary-focused selection approach, the plan tackles different facets of the H-1B program. It brings forth directives for voluntary on-site visits and elucidates the criteria for submitting new visa petitions in cases of changes in employment details. According to Bill Stock, partner at Klasko Immigration Law Partners LLP, the proposal “rightly emphasizes whether the organization can be categorized as a ‘research organization,’ rather than narrowly focusing on whether 50% or more of the organization’s work is research, as opposed to related activities.”
The plan also delivers positive developments for entrepreneurs by permitting visa petitioners to qualify as employers, even if the H-1B visa recipient possesses a majority ownership stake in the enterprise. This adjustment aims to inspire noncitizen entrepreneurs, providing them with the chance to innovate and contribute to the U.S. economy. To safeguard the system’s integrity, the proposal imposes a restriction on the duration of visas sought by businesses owned by beneficiaries, allowing 18 months for the initial petition and the initial extension.
This all-encompassing strategy aligns with the vision of the Biden administration, centering on the attraction of international talent and the simplification of the immigration process. The suggested modifications represent a constructive move toward cultivating a more fair, efficient, and entrepreneur-friendly H-1B visa system. As the DHS persists in its initiatives to establish an equitable landscape for both employers and foreign talent, these adjustments signify a hopeful phase in the progression of the H-1B visa program.