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 19,2024

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Narendra Modi-led government of India has abstained in the UN General Assembly on a resolution that demanded that Israel bring an end, “without delay”, to its unlawful presence in the Occupied Palestinian Territory within 12 months.

The 193-member General Assembly adopted the resolution, with 124 nations voting in favour, 14 against and 43 abstentions, including that by India.

Those abstaining included Australia, Canada, Germany, Italy, Nepal, Ukraine and the United Kingdom.

Israel and the US were among the nations who voted against the resolution titled ‘Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory’.

The resolution adopted Wednesday demanded that “Israel brings to an end without delay its unlawful presence in the Occupied Palestinian Territory, which constitutes a wrongful act of a continuing character entailing its international responsibility, and do so no later than 12 months from the adoption of the present resolution.” 

The Palestinian-drafted resolution also strongly deplored the continued and total disregard and breaches by the Government of Israel of its obligations under the Charter of the United Nations, international law and the relevant United Nations resolutions, and stressed that such breaches seriously threaten regional and international peace and security.

It recognised that Israel must be held to account for any violations of international law in the Occupied Palestinian Territory, including any violations of international humanitarian law and international human rights law, and that it “must bear the legal consequences of all its internationally wrongful acts, including by making reparation for the injury, including any damage, caused by such acts.”

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News Network
September 12,2024

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The United Nations Relief and Works Agency for Palestine Refugees says six of its employees are among the at least 18 people killed in a recent Israeli aerial assault on a school in the central Gaza Strip.

In a statement released on Thursday, UNRWA said Wednesday’s Israeli airstrikes targeting the UN-run al-Jaouni school in the Nuseirat refugee camp resulted in "the highest death toll among our staff in a single incident” since the occupying regime waged a genocidal war on Gaza more than 11 months ago.

"Among those killed was the manager of the UNRWA shelter and other team members providing assistance to displaced people," it added.

UNRWA also said the al-Jaouni school, home to around 12,000 displaced Palestinians- mainly women and children, has been hit five times since the Israeli aggression began.

“No one is safe in Gaza. No one is spared,” it emphasized. “Schools and other civilian infrastructure must be protected at all times, they are not a target.”

In an X post, UN Secretary General Antonio Guterres said the deaths demonstrated “very dramatic violations of the international humanitarian law and the total absence of an effective protection of civilians.”

Meanwhile, UNRWA chief Philippe Lazzarini said the agency's staff who were killed had been providing support to families sheltering in the al-Jaouni school.

“Humanitarian staff, premises & operations have been blatantly & unabatedly disregarded since the beginning of the war,” he asserted.

Lazzarini further noted that at least 220 UNRWA employees have been killed during the Israeli offensive on Gaza.

The Israeli military claimed that the school had been used by members of the Hamas resistance group to “plan and execute” attacks against the occupation troops.

However, a survivor said the section of the school that was hit by Israel had been “dedicated only to women.”

“All of a sudden there was a huge explosion … Women and children were blown to pieces. We rushed to see our children but found them torn to pieces,” he told Al Jazeera.

Another survivor said she had lost all of her six children in the Israeli attack, adding, “What crime, what wrong did those innocent children do?”

Israel waged its brutal Gaza offensive on October 7, 2023, after Hamas carried out a historic operation against the usurping entity in retaliation for its intensified atrocities against the Palestinian people.

So far, the Tel Aviv regime has killed at least 41,084 Palestinians, mostly women and children, and injured 95,029 others. 

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News Network
September 19,2024

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Ramanagara, Sep 19: A case of rape, sexual harassment and criminal intimidation has been registered against BJP MLA Munirathna and six others, police said on Thursday.

It was registered following the complaint of a 40-year-old woman who alleged that the incident took place at a private resort within the Kaggalipura police station’s jurisdiction.

“We received a complaint on Wednesday night and based on it, we have registered case against seven people, including the BJP MLA under various sections for rape by public servant, sexual harassment, criminal intimidation, criminal conspiracy, voyeurism, intentional insult with intent to provoke breach of peace, Information Technology Act, and others,” a senior police officer said.

The matter is being investigated, he said.

The fresh FIR against the BJP MLA, also a former Minister, comes days after he was arrested by the Bengaluru Police in connection with the two cases filed against him for alleged harassment, threats and casteist abuse, police said.

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