The H-1B visa program, crucial for many U.S. employers seeking skilled foreign workers, has undergone a significant change with the implementation of a beneficiary-centric selection process. This shift aims to create a fairer and more equitable system for all potential beneficiaries aiming to get H1B visa. In this blog, we will highlight the key changes in the H-1B selection process while discussing the previous system.
The Old System
Under the previous system, employers, including related entities, could submit multiple registrations for the same beneficiary, potentially increasing their chances of selection in the H-1B lottery. This created an uneven playing field, where some beneficiaries had a higher probability of selection simply because multiple employers had registered them.
The New Approach: Fair and Equitable
The final rule issued by the DHS on December 17, 2024, shifts the focus to a beneficiary-centric selection process. Some key aspects that make it beneficiary centric are:
- Single Registration for Selection: Under the new system, each unique beneficiary can only be entered into the selection pool once, regardless of how many employers submit registrations on their behalf. This change ensures that all beneficiaries have an equal chance of being selected, thereby promoting fairness and reducing the likelihood of manipulation through multiple registrations by related entities.
- Elimination of Itinerary Requirements: The rule eliminates the requirement for employers to provide a detailed itinerary of specific assignments for the entire duration of the H-1B petition. This reduces administrative burdens on beneficiaries and allows for greater flexibility in employment arrangements.
- Flexibility for F-1 Students: The rule extends certain flexibilities for F-1 students transitioning to H-1B status, helping them maintain lawful status and employment authorization during the transition period.
Conclusion
The implementation of the beneficiary-centric selection process marks a significant step towards a fairer and more equitable H-1B visa lottery. By focusing on the individual beneficiary rather than the number of registrations submitted, this new approach ensures that all qualified candidates have an equal opportunity to participate in the program. This shift not only enhances the integrity of the H-1B program but also promotes greater fairness and transparency for both employers and prospective employees.
