US to modify H1B visa selection process, to give priority to wages, skill level

Agencies
January 8, 2021

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Washington, Jan 8: The United States on Thursday announced that it will modify the selection process for H-1B visa, giving priority to salary and skills instead of the current lottery procedures.

The final rule to be published in the federal register on January 8, officials said, is aimed to protect the economic interests of US workers and better ensure the most highly skilled foreign workers benefit from the temporary employment programme.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Modifying the H-1B cap selection process will incentivise employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive, said US Citizenship and Immigration Services.

The final rule will be effective 60 days after its publication in the Federal Register. The next H-1B visa filing season is slated to start on April 1.

The H-1B temporary visa programme has been exploited and abused by employers primarily seeking to fill entry-level positions and reduce overall business costs, said USCIS Deputy Director for Policy Joseph Edlow.

The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the programme to compete for the best and brightest international workforce, and has predominantly resulted in the annual influx of foreign labor placed in low-wage positions at the expense of US workers, he said.

This effort will only affect H-1B registrations (or petitions, if the registration process is suspended) submitted by prospective petitioners seeking to file H-1B cap-subject petitions.

It will be implemented for both the H-1B regular cap and the H-1B advanced degree exemption, but it will not change the order of selection between the two as established by the H-1B registration final rule, USCIS said.

The Department of Homeland Security had previously published a notice of proposed rulemaking on November 2, 2020. It carefully considered the public comments received before deciding to publish the proposed regulations as a final rule, USCIS said.

According to the final rule, a version of which was released by Department of Homeland Security, Instead, a registration system that faithfully implements the Immigration and Nationality Act (INA) while prioritising registrations based on wage level within each cap will incentivize H-1B employers to offer higher wages, or to petition for positions requiring higher skills and higher-skilled aliens that are commensurate with higher wage levels, to increase the likelihood of selection and eligibility to file an H-1B cap-subject petition.

Moreover, it will maximize H-1B cap allocations, so that they more likely will go to the best and brightest workers; and it will disincentivise abuse of the H-1B programme to fill relatively lower-paid, lower-skilled positions, which is a significant problem under the present selection system, it said.

While administering a random lottery system is reasonable, it is inconsiderate of Congress's statutory purposes for the H-1B program and its administration, said the final rule.

The changes in this final rule will apply to all registrations, including those for the advanced degree exemption, submitted on or after the effective date of the final rule.

As per Congressional-mandated cap, USCIS in one year can issue a maximum of 65,000 H-1B visas. It can also issue another 20,000 H-1B visas to those foreign students who have completed higher studies from a US university in STEM subjects.

During the public notice period, the department said, several commenters expressed support for the rule and the need to stop visa fraud, abuse, and flooding of petitions by certain staffing or consulting companies.

One commenter said the proposed rule would disincentivize companies from abusing the H-1B programme and harming US workers. Other commenters said the proposed rule would decrease potential visa abuse by employers and make sure all workers were paid according to their skillset as employers no longer would be able to lower labor expenses by hiring foreign workers.

Another said that the proposed rule would have a positive impact on US employees and college educated US citizens who take out loans for their education by making it harder for technology companies to discriminate against US citizens; US workers are being laid off in large numbers because corporations are outsourcing for profits; and the proposed rule is necessary because Indian corporations are acquiring US jobs, it said.

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News Network
September 9,2024

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Riyadh: External Affairs Minister S Jaishankar Monday met his Russian counterpart Sergey Lavrov here in the Saudi capital, days after President Vladimir Putin named India among the three countries he is constantly in touch over the Ukraine conflict.

Their interaction took place on the sidelines of the India-Gulf Cooperation Council (GCC) foreign ministers' meeting. Both the ministers are in the Saudi capital to attend ministerial meetings of the Gulf Cooperation Council.

"Russia’s Foreign Minister Sergey Lavrov held a meeting with Foreign Minister of India @DrSJaishankar," the Russian Foreign Ministry said in a post on X.

On Thursday, President Putin named India among the three countries he is constantly in touch over the Ukraine conflict and said they are sincerely making efforts to resolve it.

Speaking at the plenary session of the Eastern Economic Forum (EEF) in Vladivostok, Putin said, "If there is a desire of Ukraine to carry on with the negotiations, I can do that." His remarks came within two weeks after Prime Minister Narendra Modi's historic visit to Ukraine, where he held talks with President President Volodymyr Zelenskyy.

"We respect our friends and partners, who, I believe, sincerely seek to resolve all issues surrounding this conflict, primarily China, Brazil and India. I constantly keep in touch with our colleagues on this issue,” Putin was quoted as saying by Russia's TASS news agency.

Russian Presidential Spokesman Dmitry Peskov last week told the Izvestia daily that India could help in establishing a dialogue on Ukraine.

Underlining the existing "highly constructive, even friendly relations" between Modi and Putin, he said the Indian Prime Minister can "lead the line on getting first-hand information from the participants in this conflict," as he “freely communicates with Putin, with Zelenskyy, and with the Americans.” "This gives a great opportunity for India to throw its weight in world affairs, to use its influence that would drive the Americans and Ukrainians towards using a greater political will and entering the peaceful settlement track,” Peskov said.

He, however, said there are "no specific plans" for Modi to mediate on the issue.

"At this time they can hardly exist, as we do not see any preconditions for talks for now,” the Kremlin spokesman said.

Modi on August 23 visited Ukraine where he conveyed to President Zelenskyy that both Ukraine and Russia should sit together without wasting time to end the ongoing war and that India was ready to play an "active role" to restore peace in the region.

His nearly nine-hour visit to Ukraine, the first by an Indian prime minister since its independence in 1991, came six weeks after he held summit talks with President Putin that triggered anguish in some Western countries.

In his talks with Zelenskyy in Kyiv, Modi said India was on the side of peace since the beginning of the conflict and he would even like to contribute personally to a peaceful resolution of the crisis.

Jaishankar arrived in the Saudi capital Sunday on the first leg of his three-nation tour to attend the first India-Gulf Cooperation Council (GCC) foreign ministers' meeting.

The GCC is an influential grouping, comprising the United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait. The total volume of India's trade with GCC countries stood at USD 184.46 billion in the financial year 2022-23.

From Riyadh, Jaishankar will travel to Germany where he will meet the German Foreign Minister as well as the leadership and other Ministers from the German government to review the entire gamut of bilateral relations. This will be his third bilateral visit to Berlin.

On the third and final leg of his trip, Jaishankar will visit Geneva.

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News Network
September 20,2024

Starting in the 2025-26 academic year, private universities in Karnataka offering professional courses will no longer conduct separate entrance exams. This decision follows a directive from the state’s Higher Education Department, prompting private universities to form an association and agree to this significant change.

In a recent meeting with Higher Education Minister Dr. M. C. Sudhakar, representatives from 17 private universities confirmed their decision to discontinue individual entrance tests. Of the 27 private universities in the state, 17 offer professional courses, and they have collectively agreed to accept scores from existing national or state-level entrance exams.

“Some universities will consider JEE scores, others will rely on KCET, and a few are inclined towards COMEDK,” Dr. Sudhakar stated, leaving the choice of examination to the universities themselves. However, the department has also suggested that the universities consider a unified entrance test for admissions.

Looking ahead, Dr. Sudhakar hinted that the government may introduce a common entrance test for general degree courses at private universities as well. "As government colleges and universities currently don’t require entrance exams for general degree courses, we haven’t made any decisions on this yet," he explained.

The meeting also addressed concerns over the high fees charged by private universities. To regulate this, the universities were instructed to establish fee fixation committees, headed by retired judges, as required by law. These committees will be responsible for determining tuition fees. Additionally, the government will continue to regulate fees for 40% of seats in professional courses that are filled through KCET.

In an effort to bring greater uniformity among private institutions, the government is considering enacting a common law for all private universities, which would replace the individual acts currently governing each university. This would place all private universities under a single regulatory framework.

This move is expected to streamline the admissions process and create a more standardized system for both professional and general degree programs across Karnataka's private universities.

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