USCIS should approve H-1B visas for 6 years, suggests Cato Institute's David Bier

 USCIS should approve H-1B visas for 6 years, suggests Cato Institute's David Bier..



Even although the US regulation envisions employment for at least six years, the branch of labor and the USCIS rules restrict labor situation functions and petition approvals to no extra than three years.








In the fiscal 12 months ending September 2020, extra than 3.19 lakh H1-B visas have been issued to these born in India.(AFP / Representational picture)

The United States Citizenship and Immigration Services (USCIS) these days revoked a memo, issued at some point of the Donald Trump administration, to make certain smoother H-1B visa extension. The Trump-era memo required immigration officers to deal with every visa extension request as a new application. This prompted an enlarge in extra documentation which because of this elevated administrative burden and fees for sponsoring employers.



The modern coverage coaching instructs officers to defer to preceding approvals whilst extending work visas such as H-1B. However, the officers may additionally no longer defer to a prior approval when there is a fabric error, cloth change, or new fabric information that adversely affects the petitioner’s, applicant’s, or beneficiary’s eligibility.


While the new memo got here as a massive comfort for overseas people with brief work visas, David J. Bier, a lookup fellow at the Cato Institute, a libertarian assume tank headquartered in Washington, D.C., believes lots greater can be finished to in addition enhance the US immigration system.


Even although the Immigration Act of 1990 has accredited H-1B visa holders to get hold of reputation for up to six years, the branch of labor (DOL) and the USCIS rules restriction labor circumstance functions (LCAs) and petition approvals to no greater than three years. Last year, H-1B employees and employers had to file extra than 320,000 extension requests. 

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