Furthermore, it’ll maximize H-1B cap allocations, in order that they extra possible will go to one of the best and brightest employees; and it’ll disincentivise abuse of the H-1B programme to fill comparatively lower-paid, lower-skilled positions, which is a major drawback below the current choice system, it mentioned.
Whereas administering a random lottery system is affordable, it’s thoughtless of Congress’s statutory functions for the H-1B program and its administration, mentioned the ultimate rule.
The modifications on this last rule will apply to all registrations, together with these for the superior diploma exemption, submitted on or after the efficient date of the ultimate rule.
As per Congressional-mandated cap, USCIS in a single yr can difficulty a most of 65,000 H-1B visas. It could possibly additionally difficulty one other 20,000 H-1B visas to these international college students who’ve accomplished larger research from a US college in STEM topics.
In the course of the public discover interval, the division mentioned, a number of commenters expressed assist for the rule and the necessity to cease visa fraud, abuse, and flooding of petitions by sure staffing or consulting firms.
One commenter mentioned the proposed rule would disincentivize firms from abusing the H-1B programme and harming US employees. Different commenters mentioned the proposed rule would lower potential visa abuse by employers and ensure all employees have been paid in line with their skillset as employers now not would have the ability to decrease labor bills by hiring international employees.
One other mentioned that the proposed rule would have a optimistic affect on US workers and school educated US residents who take out loans for his or her schooling by making it tougher for know-how firms to discriminate towards US residents; US employees are being laid off in giant numbers as a result of companies are outsourcing for earnings; and the proposed rule is critical as a result of Indian companies are buying US jobs, it mentioned.