Washington/New York: The US has said it will continue issuing H-1B visas based on the lottery system till 31 December.
On January 7, the US Citizenship and Immigration Services (USCIS) had said it would scrap the lottery system that decides successful H-1B visa applicants.
The lottery system is being continued for that to allow the immigration agency more time to develop, test and implement modifications to the registration system, the Joe Biden administration said.
What is H-1B visa
The H-1B is a non-immigrant visa that lets US firms employ foreign labour in specialty occupations that require theoretical or technical expertise.
Technology companies depend on H-1B to hire employees each year from countries such as India and China.
New H-1B visa system
The USCIS said it would prioritize wages to protect the economic interests of American workers, and ensure highly-skilled foreign workers benefit from the temporary employment programme.
In its statement on Thursday, the USCIS said it is delaying the effective date of the rule till December 31. It was scheduled to come into effect on March 9.
“To give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process, Department of Homeland Security (DHS) is delaying the effective date of the final rule from March 9 to December 31,” it said.
This is because it will not have adequate time to complete system development, thoroughly test modifications, train staff and conduct public outreach needed to ensure an effective and orderly implementation of the H-1B selection final rule by the time the initial registration period will be open for the coming fiscal year 2022 H-1B cap season, the USCIS said.
H-1B visa limit
The USCIS can issue a maximum of 65,000 H-1B visas in a year and can issue another 20,000 H-1B visas to foreign students who have completed higher studies from a US university in Science, Technology, Engineering and Mathematics (STEM) subjects.
For the coming H-1B cap season, the USCIS will apply current regulations (random selection) to any registration period that takes place before December 31, the statement said.
A formal notification is scheduled to be published in the Federal Register on February 8.
“During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate the January 8 rule and its associated policies, as is typical of agencies at the beginning of a new administration,” said the federal notification to be published on February 8.
Merit and wages
On January 7, the USCIS said doing away with the lottery system and replacing it with a merit-based and wage-based system would incentivize employers to offer higher salaries or petition for higher-skilled position or both.
This would further establish a more certain plan for businesses to get personnel and remain globally competitive, it said. A formal federal notification was issued on January 8.
“The H-1B random selection process makes it difficult for businesses to plan hiring, fails to leverage the programme to compete for the best international workforce, and has resulted in the influx of foreign labour in low-wage positions at the expense of US workers,” Joseph Edlow, the USCIS Deputy Director for Policy, had said.
H-1B numerical allocation
The DHS wants to ensure the orderly and efficient administration of the H-1B numerical allocations, it said.
It also wants to avoid disruption to the regulated public by affording itself sufficient time to fully modify and thoroughly test the changes to the H-1B registration system.
The DHS also seeks to minimize technical risks that result from a compressed testing schedule, and provide the regulated public enough time to become familiar with those changes to facilitate full compliance.
Confusion over H-1B
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 FY2022 numerical allocations, particularly if the USCIS needs to open a subsequent registration period later this year to ensure full utilization of the FY2022 numerical allocations.
Indian IT professionals
On December 31, then president Donald Trump had extended a freeze on H-1B visas, along with other types of foreign work visas, by three months, affecting a large number of Indian IT professionals who were issued visas for fiscal year 2021.
Current US President Joe Biden had promised to lift the suspension on H-1B visas, saying Trump’s immigration policies were cruel.