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Imagine an employer’s frustration , who might have spent around $1000 just on legal costs and gets a ‘No’ from USCIS that your petition was not picked up in lottery after prolonged anxiety ? Well, USCIS/ DHS have proposed a rule to avoid such frustrations and significant costs for employers including streamlining the process at USCIS by eliminating unnecessary administrative expenses and time.
Summary of the proposed rule for H1B visa FY 2012 filing ?
The gist of the rule is that employers, who intend to hire skilled labor on H1B visa, should register with USCIS electronically via Internet the beneficiary( the person to be hired) info before physically filing the petition. In case, there is a flood of applications like in years 2007 and 2008 where there was lottery, USCIS will do random process electronically and inform the employer if their visa petition info was picked in random selection or lottery. To avoid duplications by same employer, the system will reject applications filed with same info of beneficiary. Pretty logical right ?
What’s the current status of this new H1B filing rule for fiscal year 2012 ?
This is still in proposed status with official status of “Notice of Public rule Making (NPRM)”, which starts from Jan 1, 2011 and goes until March 1, 2011. The agency will receive comments from public during the 60 day window and make changes to rule as needed.
What are your thoughts on the proposed rule ?
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