Thu. Apr 25th, 2024

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US group opposes Biden admin’s steps on H-1B visas

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A US group on Thursday opposed the move of the Biden government to reverse a few decisions of the past Trump govt with regard to H-1B visa norms, in particular going back to the lottery system for allocation of this most sought-after work visa for foreign technology professionals.

The rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, requires that US Citizenship and Immigration Services (USCIS) prioritize the higher-paid and higher-skilled foreign workers for H-1B cap-subject visas, hence guaranteeing US businesses have access to the best pool of foreign workers, while also discouraging wage suppression and creating unfair competition to American workers.

In its comment submitted to the Department of Homeland Security (DHS), the Federation for American Immigration Reform (FAIR) declared that the execution of the Trump govt rule would reduce abuse of the H-1B program by unscrupulous employers while also protecting American workers.

Established in 1979, FAIR is the country’s largest immigration reform group.

“FAIR strongly supports the substance of the final rule and urges DHS to implement the rule immediately. As DHS has emphasized all through the rulemaking process. Prioritizing wage levels in the registration selection process incentivize employers to offer higher wages. Or to petition for positions requiring higher skills and higher-skilled aliens that are comparable with higher wage levels. To increase the likelihood of selection for an eventual petition,” the comments note.

“President (Joe) Biden regularly depicts himself as a man from the ‘working class’ who is a tireless protector of the American worker,” said FAIR President Dan Stein.

US group opposes Biden admin’s steps on H-1B visa norms

“However his administration is set to postpone, by at least a year. An important rule change that prevents unscrupulous employers from utilizing the H-1B program. To undermine American wages while ensuring that organizations that really need skilled foreign workers have access to the best and the brightest,” he alleged.

Current Department of Homeland Security (DHS) policies require USCIS to choose registrations on a purely random basis. Using a lottery system, when demand for H-1B visas exceeds the numerical limit set by statute, note the comments.

[Biden admin to reconsider objections to H-1B visas during Trump regime]

“This random lottery selection process places no weight on wage or skill levels. And fails to guarantee businesses actually have access to the best and brightest workers possible. More terrible, the lottery creates a situation where American workers could be replaced by foreign workers who can be paid significantly less or who possess considerably lower skills,” said Stein.

FAIR strongly urged DHS to implement these critical reforms without undue delay.

“This final rule will permit DHS to more effectively protect US workers against competition from foreign labor. At a time when US workers need protection like never before. The intense financial damage that US workers are facing as a result of the COVID-19 pandemic will only be exacerbated. If employers are encouraged to continue to underpay H-1B beneficiaries. Because of an outdated and illogical current wage structure,” it said.

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