The USCIS has delayed the release of a “final law” implementing the second phase of the H-1B program’s development plan until Dec. 2024. For US companies that sponsor H-1B workers, the draft rules that were released last October were viewed as hard.
According to immigration experts, the outcome of the election will have a major influence on the atmosphere of immigration policies, including those relating to work permits.
The second phase is anticipated to expand the scope of the H-1B specialty occupation program, increase the number of site visits by related authorities, and, on the positive side, increase cap-gap safety for foreign students.
The jackpot selection process is then beneficiary-centric, and the first step of the H-1B development rule has already been put into effect. The lottery is only ever conducted once for all participants (employees who are receiving an H-1B card sponsor ).
Companies of the H-1B visa system are able to hire foreigners for” specialist occupations.” According to recent immigration rules, “occupations that require highly specialized information and a bachelor’s or higher level in the specific niche, or its similar,” are acceptable.
A range of degrees may be permitted in the draft rules released in October, but there must be a direct connection between the required field( s ) and the job duties.
Immigration attorneys thought this was a mixed bag because it was the financing employer’s responsibility to determine how each amount of the recipient relates to the work position. The H-1B card app was anticipated to be rejected or sought more proof by USCIS. Another issue was raised by the document rules, which stated that the client’s requirement may determine whether the job placement is a qualifying specialty occupation in the case of H-1B workers who were deputized to client sites.
Cap space protection is anticipated for the next development stage. After completing their qualification, international students ( F1 visa holders ) are eligible for an optional practical training ( OPT ). This is for one season, but kids hailing from the STEM (science, systems, engineering and mathematics ) field of study get an extra expanded career of two years.
The same business sponsors some OPT-related people for the H-1B work card. The word cap-gap refers to the time between the moment an international student’s F-1 standing begins and the H-1B standing begins.
They can continue working after the expiration date on their OPT employment authorization document while they wait for the start date ( October 1 ) of an approved or pending H-1B application. At this time, if the H-1B application is filed in time. However, if an implementation is not received by October 1, the student may stop working as of this day. The cap-gap time was proposed to be extended in the document proposal. As per the Open Doors Report, for the year 2022-23, 69, 000 individuals were engaged in Select programs. However, the benefits of the votes may determine the fate of the OPT program, position immigration lawyers.
