U.S. Changes Visa Process for High-Skilled Workers - 未名空间MITBBS历史存档

U.S. Changes Visa Process for High-Skilled Workers# EB23 - 劳工卡

m*82019-01-31 08:01

1 楼

https://www.wsj.com/amp/articles/u-s-changes-visa-process-for-high-skilled-
workers-11548879868
U.S. Changes Visa Process for High-Skilled Workers
WASHINGTON—The Trump administration unveiled changes to how the coveted
visas for high-skilled foreign workers are allocated, starting this April,
in an effort to boost the number awarded to people with advanced degrees
from U.S. universities.
...

m*82019-01-31 08:01

2 楼

https://www.federalregister.gov/documents/2019/01/31/2019-00302/registration
-requirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-cap
-subject
This final rule has been published in the federal register, with the
effective date of 60 days from 01/31/2019. The final rule provides that the
following changes made from the Proposed Rule:
Initial registration period. In the final rule, DHS is responding to a
public comment by revising proposed 8 CFR 214.2(h)(8)(iii)(A)(3), a
provision that identifies the initial registration period. In the NPRM, DHS
proposed that USCISwould announce the start and end dates of the initial
registration period on theUSCIS website, but did not specify when these
periods would be announced. In response to a comment suggesting that DHS
include a 30-day notice requirement prior to the commencement of the initial
registration period, DHS is adding that USCIS will announce the start of
the initial registration period at least 30 calendar days in advance of such
date. In addition, DHS will publish a notice in the Federal Register to
announce the initial implementation of the H-1B registration process in
advance of the cap season in which such process will be implemented.
Limitation on requested start date. In the final rule, DHS is responding to
public comment by revising proposed 8 CFR 214.2(h)(8)(iii)(A)(4), a
provision that identifies when a petitioner may submit a registration during
the initial registration period. In the NPRM, DHS proposed that the
requested start date for the beneficiary be the first business day for the
applicable fiscal year. A commenter pointed out that this requirement
created a mismatch in the date requirement for cap-gap protection and the
proposed date requirement for this new registration process, which could
make it impossible for H-1B petitioners and beneficiaries to receive the cap
-gap protections afforded by 8 CFR 214.2(f)(5)(vi). In order to correct this
mismatch, DHS is removing the word “business” and revising the text to
refer to the first day for the applicable fiscal year.
Filing period. In the final rule, DHS is responding to public comments by
revising proposed 8 CFR 214.2(h)(8)(iii)(D)(2), a provision that indicates
the filing period for H-1B cap-subject petitions. In the NPRM, DHS proposed
that the filing period will be at least 60 days. In response to public
comments stating that 60 days is an insufficient amount of time for a
company to gather all the necessary documentation to properly file the
petition, DHS is revising the filing period to be at least 90 days.
Eligible for exemption. In this final rule, DHS is making several non-
substantive changes to the regulatory text as proposed to ensure that the
terminology used is consistent with the statute when describing petitions,
and associated registrations, filed on behalf of those who may be eligible
for exemption under section 214(g)(5)(C) of the INA, 8 U.S.C. 1184(g)(5)(C).
For example, in 8 CFR 214.2(h)(8)(iii)(A)(5), DHS deleted “counted” and
replaced it with “eligible for exemption.” Similar changes were made in 8
CFR 214.2(h)(8)(iii)(A)(1), (h)(8)(iii)(A)(6)(i) and (ii), (h)(8)(iii)(D),
and (h)(8)(iv)(B)(1).
Petitions determined not to be exempt. In this final rule, DHS is making
nonsubstantive edits in 8 CFR 214.2(h)(8)(iv)(B) to clarify how USCIS may
process petitions, when the registration requirement is suspended, that
claim exemption from the numerical restrictions but are determined not to be
exempt.
With the exception of changes discussed in this final rule, DHS is
finalizing this rule as proposed.