Biden admin delays implementation of Trump-era rule on H-1B, says lottery system to continue for now
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Trump-era rule on H-1B Visa: The Biden government has announced that it is delaying the H-1B policy of the past Trump government on the allotment of the popular foreign work visas by proceeding with the lottery system until 31st December 2021. To give the immigration agency more time to develop, test, and implement the changes to the registration system.
On January 7, the US Citizenship and Immigration Services (USCIS) announced to get rid of the traditional lottery system in choosing the successful candidates for the H-1B visas.
The H-1B visa is a non-immigrant visa that permits US organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise. Also, technology organizations rely upon it to recruit a huge number of employees every year from nations like India & China.
The USCIS had said it would prioritize wages to protect the economic interests of American workers. And better guarantee that the most highly skilled foreign workers benefit from the temporary employment program.
In a report on Thursday, the USCIS said that it is delaying the rule’s effective date until December 31, 2021. The Trump-era rule on H-1B Visa was planned to go live on 9th March 2021.
“To give USCIS more time to develop, test, and execute the changes to the H-1B registration system and selection process. DHS is postponing the effective date of this final rule from 9th March 2021, to 31st December 2021,” it said.
This is because it won’t have adequate time to complete system development. Thoroughly test the modifications, train staff, and conduct public outreach needed to guarantee the effective and orderly implementation of the H1B Selection Final Rule. By the time the initial registration period will be open for the upcoming fiscal year (FY) 2022 H-1B cap season, the USCIS said.
Trump-era Rule on H-1B Visa
The delay will also give more time to the USCIS to train staff and perform public effort just as give stakeholders time to adjust to the new rule. For the upcoming H-1B cap season, the USCIS will apply the current regulations (random selection). To any registration period that takes place before December 31, 2021, the statement said.
On January 7, the USCIS argued that getting rid of the lottery system and replacing that with a legitimacy-based and wage-based system will incentivize employers to either offer higher salaries or petition for higher-skilled positions or both. This will additionally build up a more certain plan for businesses to get personnel and remain globally competitive. A formal federal notice was given on January 8.
“The current H-1B random selection process makes it hard for organizations. To plan their hiring fails to leverage the program to compete for the best and brightest international workforce. And has predominantly resulted in the annual influx of foreign labor placed in low-wage positions at the expense of US workers,”. Joseph Edlow, the USCIS Deputy Director for Policy, had said.
The USCIS can give a maximum of 65,000 H-1B visas in a year. It can also give another 20,000 H-1B visas to foreign students. Those who have finished higher studies from a US university in Science, Technology, Engineering, and Mathematics (STEM) subjects.
However, a formal notification is scheduled to be published in the Federal Register on February 8.
DHS Delays Effective Date of H-1B Selection Final Rule
“During the delay, while USCIS works through the issues related with implementation. Department of Homeland Security (DHS) leadership will also evaluate the January 8th rule and its related policies. As is typical of agencies at the beginning of a new administration,”. Said the federal notification to be published on February 8.
The DHS said it believes that a longer delay is needed to avoid the confusion and disparate treatment of registrants. That would result if a new rule took effect during the initial registration period, or a subsequent registration and selection period for the FY 2022 numerical allocations, particularly if the USCIS needs to open a subsequent registration period later this year to ensure full utilization of the FY 2022 numerical allocations.
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On December 31 a year ago, then-president Donald Trump extended a freeze on the most sought-after H-1B visas. Along with other types of foreign work visas by three months to March 31. Affecting a large number of Indian IT professionals who were given visas by the US government for the fiscal year 2021.
Joe Biden had vowed to lift the suspension on H-1B visas, saying Trump’s immigration policies are cruel.
