US Govt Proposing New H1B Visa Rules That Will Restrict Multiple Applications: Bad For Indian IT Employees?


Radhika Kajarekar

Radhika Kajarekar

Oct 24, 2023


The H1B foreign worker program is about to undergo some significant changes, as proposed by the Biden administration. These changes are aimed at providing relief to US work visa applicants. 

On October 23, the US Citizenship and Immigration Services (USCIS) will unveil the new regulations.

H1B Foreign Worker Program To Undergo Changes

Addressing this, Secretary of Homeland Security Alejandro N Mayorkas emphasized that the top priority for the Biden-Harris administration is to attract global talent, reduce burdens on employers, and combat fraud and misuse within the immigration system. 

Despite these changes, it’s important to note that the annual limit of 60,000 H1B visas, as set by Congress, will remain unchanged.

The Department of Homeland Security (DHS) is considering alterations to the selection process for H1B registrations in order to minimize the potential for misuse and fraud. Currently, submitting more registrations for an individual increases their chances of being selected through a lottery system. 

The proposed rule suggests that each person’s registration would be entered into the selection process just once, regardless of how many registrations are submitted on their behalf. This streamlined approach aims to enhance fairness and transparency, according to a statement from the DHS.

New Adjustments Will Reduce or Eliminate Multiple Registrations

The DHS explained that this adjustment would level the playing field by significantly reducing or even eliminating the advantage gained from submitting multiple registrations for the same beneficiary solely to increase the odds of selection. 

Furthermore, it could provide beneficiaries with more freedom in choosing among legitimate job offers because every registrant who submitted a registration for a selected beneficiary would have the option to file an H-1B petition on behalf of that beneficiary.

In addition to these changes in the selection process, measures to enhance integrity and reduce misuse and fraud in H1B registration would also include a ban on related entities submitting multiple registrations for the same beneficiary. 

The rule would also formalize USCIS’ authority to conduct site visits and make it clear that non-compliance with site visits might lead to petition denial or revocation, as outlined by the DHS.

Ajay Bhutoria, a prominent advocate for immigration reform within the Indian American community, praised the proposal, stating, “These proposed changes mark a significant step towards streamlining our immigration system and making it more accessible for highly skilled professionals and students from around the world.”

The H1B program plays a crucial role in helping US employers hire the talent they need to meet their business requirements and stay competitive in the global marketplace, all while adhering to US worker protection regulations under the law.


Radhika Kajarekar
Radhika Kajarekar
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