The evolving global landscape has seen countries around the world make changes in their immigration and visa policies over the past couple of years. This is done to make sure that the immigration process is as transparent as it could be, providing international students a safe passage to a foreign land as they begin to build their new lives there. Even the land of opportunities USA, has been revising its policies to make sure that everyone gets a fair chance of making their Great American dream a reality. Buckle up as we dive into this evolving landscape, exploring what’s in work with these changes and how they are impacting student and work visa applications in the United States of America.
F-1 Student Term Gap Protection Rules
F-1 visa holders are international students studying in any university in the US. On completion of their education, they are qualified to work under optional practical training (OPT). If a student has a qualification in STEM (science, technology, engineering and mathematics), they can work for a tenure of three years. For students hailing from other streams, this period is limited to one year.
Any student who wishes to stay in the country long term applies for a H-1B visa under the U.S. Citizenship and Immigration Services (USCIS). This visa is sponsored by the company the student is employed under during the OPT period. The company submits an H1B visa petition on behalf of the foreign worker and demonstrates that the job requires a worker with specialised knowledge and that the foreign worker is qualified for the said job.
A lottery system takes place once every financial year to issue these visas for all the workers who apply for it. One can apply for them for as long as the OPT tenure years are valid.
The term cap-gap refers to the period between the time the F1 status ends and H-1B status begins. Currently, if a student fills out the application for H-1B before their OPT has expired, they can still continue working till October 1, waiting approval or decision on pending H-1B. However, if the H-1B visa is not issued post October 1, the applicant cannot work further in the country. The draft proposal had proposed to extend this cap-gap period, the decision for which has been pushed back to December 2024.
H-1B Modernization Plan
H-1B visa is the first step to get a chance of gaining full time employment and eventually applying for a green card to build a future in the US. There are a couple of steps and a wait of many years to reach the final step, though. The Department of Homeland Security (DHS) has been gearing to make several changes in the entire system of how the H-1B visa works. In the first phase of these changes, The U.S. Citizenship and Immigration Services (USCIS) had shifted the H-1B cap lottery to selection by beneficiary instead of the previous one of registration. This means that the employees that want to get an H-1B visa can enter themselves into the lottery system only once. This was a measure to curb fraudulent cases.
In the next phase of changes, The U.S. Citizenship and Immigration Services (USCIS) will revise and redefine the definition of H-1B speciality occupation along with broadening the Fraud Detection and National Security site visit program, and increasing the cap-gap for F1 workers.
Other Changes
The Department of Homeland Security (DHS) is planning to expand its authority to collect biometrics from noncitizens when they leave the United States. Currently, DHS can only collect biometrics from noncitizens in pilot programs or at certain entry points. The new rule, which is expected to go into effect in December 2024, will allow DHS to collect biometrics from noncitizens at any port of departure, including airports, land borders, and seaports.This change is intended to improve border security and make it more difficult for noncitizens to enter the United States illegally.
Future Impact
Thousands of students and workers' wait for USCIS to unveil their new policies in December, 2024. The outcome of the election will have a significant impact on the immigration policy landscape, including crucial areas such as work-related visas. This shift presents a unique opportunity for businesses to attract diverse international talent, enriching their workforce with varied perspectives and skills. Moreover, this evolution in immigration policies is poised to enhance the cultural fabric of the workforce in the USA, fostering a more inclusive and dynamic environment. Looking ahead, it's evident that these changes will significantly contribute to a brighter future for both students and the workforce of the USA.
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