Indian can get Green card, Modernizing H-1B Requirements

On October 20, 2023, the U.S. Department of Homeland Security (DHS) published a proposed regulation titled "Modernizing H-1B Requirements, Providing Flexibility In The F-1 Program, And Program Improvements Affecting Other Nonimmigrant Workers." The proposed regulation would make a number of changes to the H-1B specialty occupation worker program, the F-1 student visa program, and other nonimmigrant visa programs.
Key provisions of the proposed H-1B changes include:
• Streamlining eligibility requirements: The proposed regulation would revise the criteria for specialty occupation positions to reduce confusion and clarify that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the position.
• Improving program efficiency: The proposed regulation would codify that adjudicators generally should defer to a prior determination when no underlying facts have changed at the time of a new filing. This would reduce the burden on both employers and USCIS.
• Strengthening integrity measures: The proposed regulation would make a number of changes to reduce misuse and fraud in the H-1B program, including prohibiting related entities from submitting multiple registrations for the same beneficiary and codifying USCIS' authority to conduct site visits.
Key provisions of the proposed F-1 changes include:
• Extending the validity of post-completion optional practical training (OPT): The proposed regulation would extend the validity of post-completion OPT for STEM students from 12 months to 36 months. This would give STEM students more time to find jobs and gain experience in their field.
• Creating a new OPT program for students with F-1 visas who study in areas of national interest: The proposed regulation would create a new OPT program for students with F-1 visas who study in areas of national interest, such as cybersecurity and artificial intelligence. This program would allow students to gain experience in these critical fields.
• Expanding the eligibility for OPT for students with F-1 visas who start their own businesses: The proposed regulation would expand the eligibility for OPT for students with F-1 visas who start their own businesses. This would allow students to use their skills and knowledge to create jobs and contribute to the U.S. economy.
The proposed regulation is currently in a public comment period, which ends on December 19, 2023. After the public comment period, DHS will review the comments and make any necessary revisions to the proposed regulation. If the proposed regulation is finalized, it would likely take effect in 2024.
The proposed regulation has been met with mixed reactions. Some stakeholders, such as the U.S. Chamber of Commerce, have praised the proposed changes, arguing that they would modernize the H-1B program and make it more efficient. Other stakeholders, such as the AFL-CIO, have criticized the proposed changes, arguing that they would make it easier for employers to hire foreign workers at the expense of American workers.
It is important to note that the proposed regulation is not yet final. DHS is currently accepting public comments on the proposed regulation, and it is possible that the agency will make changes to the proposed regulation before it is finalized.