In an effort to simplify the requirements for the H-1B program with proposals and changes that could benefit more foreign nationals in the United States, the Notice of Proposed Rulemaking (NPRM) was published.

They are seeking to modernize the aforementioned program for professionals with specialized jobs: This new change, El Nuevo Herald reported, seeks to streamline entry requirements and provide more flexibility to foreign workers and employers. It also promises to improve integrity measures.

Behind this proposal is the Department of Homeland Security (DHS), through the United States Citizenship and Immigration Services (USCIS), according to El Nuevo Herald.

These are the companies in the United States that offer the most temporary jobs with H-2B visas

What would the work visa changes look like?

In the selection process for H-1B work visas.

According to the aforementioned media, “there are changes in the way USCIS conducts the selection process, choosing based on individual beneficiaries rather than records.”

They recall that today “an employer can only petition to hire a beneficiary with H-1B status if its registration for that specific beneficiary is selected.”

What are they looking for: If the new rule is approved, “any employer who has submitted a registration for a selected beneficiary will receive a selection notification.”

Assessment criteria for specialty occupations in the United States.

USCIS also clarifies the regulatory criteria for the “specialty profession” in the new bill.

To date, the media notes, these criteria establish that a bachelor’s degree is “normally” required for the position.

The new proposal tries to clarify that ‘Usually’ does not mean ‘always’. Historically, regulations used a four-score analysis to determine whether a position qualified as a specialty occupation. Now it will turn into a three-score analysis published by El Nuevo Herald.

When a foreign beneficiary is working with a third party, DHS is seeking to add the phrase “or a third party if the beneficiary is personnel of that third party,” which allows the applicant to use the third party’s typical requirements to obtain a demonstrate a specialized profession. .

Changes have been announced to the United States’ H-1B visa program, allowing foreign entrepreneurs to self-sponsor

What is “specialized occupation” for professional visas?

USCIS clarifies the definition and states:

There must be a direct relationship between the required area of ​​qualification and the functions of the position.

The quoted media details: “A position does not qualify as an H-1B specialty occupation if it requires only a general degree without further specialization, such as business administration, an unspecified quantitative field, or an engineering degree in any field of engineering .

Multiple required degree fields do not automatically disqualify the petition, but the petitioner has the burden of proof to explain how these diverse fields of study relate to the duties.”

Changes in status retention

El Nuevo Herald explains that under the proposed rule, proof of maintenance of status must be attached to the initial filing of petitions seeking to extend or modify the beneficiary’s stay.

Likewise, it clarifies that:

Petitioners must provide evidence upon initial submission, rather than waiting until evidence is requested.

“The Changes would affect the following visa classifications Employment-based US: E-1, E-2, E-3, H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P -1, P-2, P-3, Q-1, R-1 and non-immigrant TN.”

Evidence may include pay stubs, W-2 forms, quarterly payroll reports, tax returns, contracts, and work orders.

File a new petition for H-1B visas

With the new standard an amended petition will be necessary Seen:

Any change in workplace location that reflects a material change will require a new petition.

Before the change can take place, a new or amended request must be submitted.

A new or amended request is not required when the beneficiary travels outside the workplace to participate in employee training.

These are some of the changes the USCIS has made to the public charge rule for migrants in the United States

Other changes to the H-1B program for foreign workers

Automatic renewal of authorized employment.

The proposed regulation, El Nuevo Herald reported, aims to abolish the travel requirement for H-1B and H-2 petitions, as the information provided in an itinerary largely duplicates the information already provided in the Working Conditions Application (LCA).

Modernize the definition of employerswhich replaces “primary involvement” and “primary mission” with “core business” and clarifies that a qualified employer may have more than one “core business.”

Recipients will have the flexibility to spend 50% of their time performing duties with a qualified research organization and 50% with a maximum exemption employer.

Flexibility in start date for H-1B petitions subject to the maximum limit stated in the application Form I-129 to allow start dates after October 1.

What’s coming

According to the aforementioned media, this proposed arrangement is open before any changes are implemented public comments until December 22, 2023.

Comments can be submitted via the portal Federal e-regulations.

The proposed rule will not go into effect until this comment period ends and DHS releases a final regulation.

(JO)