Washington: The US Citizenship and Immigration Providers (USCIS) stated it has reached Congressionally-mandated 65,000 H-1B visa cap for the fiscal yr 2020, after it began receiving the purposes for essentially the most sought-after work visa amongst international, together with Indian, professionals.
The H-1B visa is a non-immigrant visa that enables the US firms to make use of international staff in speciality occupations that require theoretical or technical experience. The expertise firms rely on it to rent tens of hundreds of workers every year from nations like India and China.
The USCIS, the federal company mandated with job of approving such purposes, on Friday stated “it has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020.” The fiscal yr begins on 1 October 2019 and it the USCIS began receiving the visa petitions from 1 April. Nonetheless, the company didn’t reveal the variety of petitions acquired by it within the first 5 days.
The USCIS stated it’s going to subsequent decide if it has acquired a adequate variety of petitions to satisfy the 20,000 H-1B visa US superior diploma exemption, often known as the grasp’s cap. The company stated it’s going to reject and return visa charges for all unselected cap-subject petitions that aren’t prohibited a number of filings. It would proceed to simply accept and course of petitions which might be in any other case exempt from the cap.
Petitions filed for present H-1B staff who’ve been counted beforehand in opposition to the cap, and who nonetheless retain their cap quantity, are exempt from the FY 2020 H-1B, the USCIS stated. It didn’t say if it will resort to a computerised draw of tons as was the case within the final a number of years.
Final yr, the USCIS acquired 190,000 cap-subjected H-1B petitions. In 2018, it acquired 199,000 purposes whereas in 2017, 236,000 petitions within the first 5 days after it began receiving the purposes. The USCIS acquired 232,972 H-1B cap-subject petitions in 2016 and in 2015, it acquired 172,581 cap-subjected petitions.
That is the primary season of H-1B purposes after the USCIS introduced implementing new guidelines for essentially the most sought-after US work visa purposes for international professionals. The brand new guidelines give preferences to those that have accomplished their post-graduation diploma course from any US academic establishments.
This yr the USCIS has suspended the digital registration requirement for the fiscal yr 2020 cap season to finish consumer testing and make sure the system and course of are absolutely useful.
Below the brand new system, the USCIS first selects H-1B petitions submitted on behalf of all beneficiaries, together with these which may be eligible for the superior diploma exemption.
Thereafter, the USCIS will choose from the remaining eligible petitions, a quantity projected to succeed in the superior diploma exemption. Altering the order by which the USCIS counts these allocations will doubtless enhance the variety of petitions for beneficiaries with a grasp’s or increased diploma from a US establishment of upper schooling to be chosen beneath the H-1B numerical allocations.
The USCIS says that the change will end in an estimated enhance of as much as 16 p.c (or 5,340 staff) within the variety of chosen petitions for H-1B beneficiaries with a grasp’s diploma or increased from a US establishment of upper schooling.
“These simple and smart changes are a positive benefit for employers, the foreign workers they seek to employ, and the agency’s adjudicators, helping the H-1B visa program work better,” USCIS Director L. Francis Cissna had stated in a press release.
“The US employers seeking to employ foreign workers with a US master’s or higher degree will have a greater chance of selection in the H-1B lottery in years of excess demand for new H-1B visas,” Cissna stated.
In April 2017, US President Donald Trump, had issued the ‘Purchase American and Rent American Government Order’, instructing the Division of Homeland Safety (DHS) to “propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of US workers in the administration of our immigration system.”
The chief order particularly talked about the H-1B program and directed the DHS and different companies to “suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.”
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