Trump admin proposes to scrap computerised lottery system to select H-1B visas

Trump ministration has proposed to scrap computerised lottery system to grant H-1B work visas to foreign techlogy professionals and replace it with a w-level-based selection process, a move that is expected to counter downward pressure on ws of US workers.

A tification on new system is being published in Federal Register on Thursday. Stakeholders have 30 days to respond to tification, Department of Homeland Security (DHS) said on Wednesday, less than a week before US presidential election.

Replacing computerised draw of lots to decide on successful H-1B applicants, DHS said it is expected to help counter downward pressure on ws of American workers that is created by an annual influx of relatively lower-paid, new cap-subject H-1B workers. H-1B visa, most sought-after among Indian IT professionals, is a n-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require oretical or technical expertise.

If finalised as proposed, US Citizenship and Immigration Services would first select registrations (or petitions, if registration process is suspended) generally based on highest Occupational Employment Statistics prevailing w level that offered w equals or exceeds for relevant Standard Occupational Classification code and areas of intended employment.

“Prioritisation and selection based on w levels better balances interests of petitioners, H-1B workers, and U.S. workers,” DHS said.

“With this proposed rule, Trump ministration is continuing to deliver on its promise to protect American worker while strengning ecomy. H-1B programme is often exploited and abused by U.S. employers, and ir U.S. clients, primarily seeking to hire foreign workers and pay lower ws,” said Acting DHS Deputy Secretary Ken Cuccinelli.

US President Donald Trump, keen to regulate country's immigration policies, on June 22, signed executive order temporarily banning issuing fresh H-1B and L-1 visas till December 31. Reforming America's immigration regime is a major election promise of Republican leer under his America First policy.

“ current use of random selection to allocate H-1B visas makes it harder for businesses to plan ir hiring, fails to lever H-1B programme to truly compete for world’s best and brightest, and hurts American workers by bringing in relatively lower-paid foreign labour at expense of American workforce,” Cuccinelli said.

According to DHS, modifying H-1B cap selection process by replacing random selection process with a w-level-based selection process is a better way to allocate H-1Bs when demand exceeds supply. This new selection process would incentivise employers to offer higher ws or petition for positions requiring higher skills and higher-skilled workers inste of using programme to fill relatively lower-paid vacancies.

proposed changes would maintain effective and efficient ministration of H-1B cap selection process while providing some prospective petitioners ability to potentially improve ir chance of selection by agreeing to pay H-1B beneficiaries higher ws that equal or exceed higher prevailing w levels, it said. This is necessary to furr ministration’s goal of prioritising H-1B cap-subject registrations for petitioners seeking to employ higher-skilled and higher paid workers, which is more aligned with general congressional intent for H-1B programme, DHS said.

According to federal tification, prioritising w levels in registration selection process incentivises employers to offer higher ws, or to petition for positions requiring higher skills that commensurate with higher w levels, to increase likelihood of selection for an eventual petition.

Similarly, it disincentivises abuse of H-1B programme to fill lower-paid, lower-skilled positions, which is a significant problem under present selection system. With limited exceptions, H-1B petitioners are t required to demonstrate a labour short as a prerequisite for obtaining H-1B workers, it said.

number of H-1B cap-subject petitions, including those filed for vanced degree exemption, has frequently exceeded annual H-1B numerical allocations. For at least last dece, USCIS has received more H-1B petitions than annual H-1B numerical allocation in those respective years.

Since fiscal 2014 cap season (April 2013), USCIS has received more H-1B petitions (or registrations) in first five days of filing (or initial registration period) than annual H-1B numerical allocations. congressionally-mandated H-1B visa has an annual cap of 65,000 visas. 

(Im Credits: PTI)