DHS proposes changes in H1B visa lottery - Here’s who will benefit from it

The U.S. Department of Homeland Security (DHS) has unveiled a proposal that promises a transformative shift in the H-1B visa lottery system. Homeland Security Secretary Alejandro Mayorkas emphasized, "Our priority is to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system."

Under the proposed regulations, H-1B visa registrations will be selected based on unique beneficiaries, eliminating the impact of multiple submissions on their behalf. This change, as highlighted by Greg Siskind, partner at Siskind Susser PC, "should turn into higher wages" for the selected visa holders, empowering them with a choice among potential employers.

In addition to the beneficiary-centric selection process, the proposal addresses various other aspects of the H-1B program. It introduces guidelines for voluntary work-site visits and clarifies requirements for filing new visa petitions when employment details change. As Bill Stock, partner at Klasko Immigration Law Partners LLP, noted, the proposal "correctly puts focus on whether the organization can be said to be a ‘research organization’ and not more narrowly on whether 50% or more of the organization’s work is research, rather than related activities."

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The proposal also brings exciting news for entrepreneurs. It allows visa petitioners to qualify as employers even if the H-1B visa recipient holds a majority ownership stake in the business. This change is set to encourage noncitizen entrepreneurs, granting them the opportunity to innovate and contribute to the U.S. economy. To maintain the integrity of the system, the proposal limits the duration of visas sought by beneficiary-owned businesses to 18 months for the initial petition and the first extension.

This comprehensive approach aligns with the Biden administration’s vision, focusing on attracting global talent and simplifying the immigration process. The proposed changes signify a positive step toward fostering a more equitable, streamlined, and entrepreneur-friendly H-1B visa system. As the DHS continues its efforts to create a level playing field for both employers and foreign talent, these changes mark a promising chapter in the evolution of the H-1B visa program.

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