USCIS published a rule for H1B filings in late December, 2010, Read this article “ H1B Employer to register before filing “. It has moved from “Notice of Public rule Making (NPRM) to next step. It is published in the federal register and will be open for public comments for the next 60 days. i.e. from today i.e., March 3, 2011 to May 2nd, 2011. Check the summary and USCIS references below for full information.
Summary New Proposed H1B rule :
The proposed rule did not change much and in simple terms, 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 ? This is just a proposed rule and it will be published as final rule after comments are reviewed from users. This rule is expected to save $23 million for USCIS over period of 10 years. Also, it will save money for employers as well.
When can proposed rule become a law ?
Well, if everything goes well and the final rule is published by January 2012, this can go into effect from April 1, 2012 for the H1B visa FY 2013 quota.
Update : March 31, 2012
The above proposed rule have not been implemented by USCIS for H1B visa 2013 fiscal year. We do not know the status of the proposed rule as well…Maybe, it will be for H1B visa 2014 fiscal year, who knows?
Update : September , 2018
The above proposed rule is on radar as part of the “Buy American, Hire American Executive Order” and plan to be revived by the Trump Administration as it is part of the Spring 2018 Regulatory Agenda. We do not have specifics on the same as it is not yet implemented. We just need to wait.
- USCIS Press release, March 2nd, 2011 about the New H1B rule
- USICS Fact Sheet about the New H1B rule – 2012, 2013
- Actual Proposed New H1B Rule in Federal Register – Full info
What do you think of the New H1B rule ?