H1B Program Evolves : Biden Administration Unveils Key Reforms

In a groundbreaking move aimed at improving the H1B program, the Biden administration is set to unveil a series of significant reforms on October 23, according to the US Citizenship and Immigration Services (USCIS). These changes, while maintaining the annual limit of 60,000 H1B visas, seek to enhance transparency, reduce fraud, and provide relief to US work visa applicants.

Noting the importance of these reforms, Secretary of Homeland Security Alejandro N. Mayorkas emphasized, “The Biden-Harris administration’s priority is to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system.”

H1B Program Updates

The proposed changes primarily focus on altering the selection process for H1B registrations to address potential misuse and fraud. At present, the selection process favors multiple registrations submitted for an individual, increasing their chances of selection through a lottery.

However, the proposed rule suggests a significant shift: each person’s registration will be entered into the selection process once, irrespective of the number of registrations submitted on their behalf. This streamlined approach aims to enhance fairness and transparency, as stated by the Department of Homeland Security (DHS).

The DHS further elaborated, “This would improve the chances that a legitimate registration would be selected by significantly reducing or eliminating the advantage of submitting multiple registrations for the same beneficiary solely to increase the chances of selection. Furthermore, it could also give beneficiaries more choice between legitimate job offers because each registrant who submitted a registration for a selected beneficiary would have the ability to file an H1B program petition on behalf of the beneficiary.”

In addition to changing the selection process, the proposed reforms include measures to strengthen the integrity of the H1B program. One key measure is the prohibition of related entities from submitting multiple registrations for the same beneficiary, which will reduce the potential for misuse and fraud.

Furthermore, the rule will formally codify USCIS’ authority to conduct site visits and clarify that refusal to comply with site visits may result in the denial or revocation of the petition. These additional measures are crucial in maintaining the program’s integrity.

Welcoming these proposed changes, Indian American Ajay Bhutoria, a leading advocate for immigration reform, stated, “These proposed changes mark a significant step towards streamlining our immigration system and making it more accessible for highly skilled professionals and students from around the world.”

The H1B program has long been essential in helping US employers meet their business needs and remain competitive in the global marketplace, all while adhering to US worker protection norms under the law. These reforms signify a positive step toward a more transparent and equitable H1B program, fostering a welcoming environment for global talent.

Also Read : Claire Coutinho : Investment Banking to Political Prominence