Immigration News: Here Are The 7 Biggest Proposed Changes To The H-1B Visa

Hello Reader,

Happy Halloween! The White House finally released new language around the H-1B visa. Major changes are expected next year if the rules go into effect, but the public has an opportunity to comment before it goes live. Second, Israeli nationals can now travel to the USA without a visa. Lastly, Canada is facing processing delays due to a reduction in the workforce abroad.?

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Immigration Updates ??

???? Modern Changes Coming To The H-1B Visa

Say goodbye to an outdated system. USCIS published a proposal to modernize the H-1B program and other nonimmigrant visa processes. The goal is to reduce the possibilities of gaming the system and improve eligibility factors.??

Here's a rundown of what the new rule aims to achieve:

• Reduce the number of multiple entries: To combat the artificial inflation of chances for some applicants, employers can no longer make multiple entries on behalf of the same employee. Each employee can only be registered once, and employers must submit passport information for each employee to ensure a fair selection process. Attempts to bypass this rule will result in denials or revocations.
• Entrepreneurs can self-petition: The new rule eliminates the previous requirement for an "employer-employee" relationship, making it easier for entrepreneurs to utilize the H-1B program and grow their businesses, even if they own more than 50% of the company.
• Remote work counts: DHS now allows remote work in job offers, aligning with the post-pandemic shift towards remote work arrangements.
• Better student visa protections: International students can now extend their F-1 Optional Practical Training (OPT) until April 1st of the following year or until they receive their H-1B visa.
• Greater in-person scrutiny: To combat fraud, USCIS will conduct stricter site visits, including unannounced visits, interviews, record reviews, and employee conversations, to ensure H-1B program compliance.
• Stricter eligibility: The stricter definition of a "specialty occupation" under the new rule requires a direct relationship between the degree field and the position's duties, potentially resulting in more RFEs and denials for candidates. This new rule has sparked ire among H-1B hopefuls.
• Expanded H-1B cap exemptions: This provision would streamline the process for research organizations to meet the criteria for cap-exempt H-1Bs, opening up new opportunities for them.

Unfortunately, the cap of 85k visas will remain the same under this rule. Public comments will be accepted for the next 57 days. The public is encouraged to submit comments regarding the proposed changes. Lastly, there is a high likelihood the rule will be implemented for the 2024 H-1B season.

???? Israeli Nationals Can Now Enter the US Without A Visa

Effective immediately, the Department of Homeland Security (DHS) has just announced that Israeli nationals can now enjoy visa-free business or tourism travel to the United States through the Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA). This means that starting today, Israeli citizens can apply for travel authorization and explore all the incredible opportunities that await them in the US.

Under the Visa Waiver Program, eligible citizens from participating countries can visit the United States for business or tourism purposes for up to 90 days without the need for a B visa. For our B-1 business visitors, it's important to ensure that your activities in the US align with the allowable B-1 business activities.

While this is great news, it's essential to plan ahead, as the ESTA authorization process takes a minimum of 72 hours. In some cases, it may even take longer. So make sure to apply in advance to avoid any last-minute surprises. It's worth noting that if any foreign nationals are deemed ineligible for the Visa Waiver Program by ESTA, typically due to prior law enforcement or immigration compliance issues, they will need to apply for a B visa at a US consulate. However, for Israeli travelers holding existing B-1/B-2 visas, you can continue to use those visas for your visitor travel to the United States.

???? Canada Experiencing Immigration Delays In India

The Immigration, Refugees and Citizenship Canada (IRCC) has made a significant reduction in the number of IRCC employees in India. As a result, all in-person services at consulates in Bengaluru, Chandigarh, and Mumbai have been temporarily suspended.?

However, the remaining IRCC staff in India is fully dedicated to processing urgent applications and handling visa stamping at the Canadian High Commission in New Delhi. While other in-person consular services may be available on a limited basis at the High Commission in New Delhi, IRCC has assured that applications processed under the "Two-week processing" and H-1B visa work permit category will not be affected by these changes.

For Canadians and permanent residents of Canada seeking consular assistance in India, the High Commission of Canada in New Delhi is available for support. IRCC has expressed its expectation to resume normal processing by early 2024.

Immigrant Entrepreneur Toolkit ??

? How Long Does it Take to Get a Work Visa Approved?

There are two points where you may receive an "approval" during the work visa process: the approval of your work visa petition by USCIS and the approval of your visa application at your visa interview. When people ask about the time it takes to get a work visa approved, they usually want to know how quickly they can start working in the U.S. Let's now go through each step of the U.S. work visa process.

???? The Legal Aspects Of Early Stage Startup Fundraising

Fundraising serves as the initial stride towards launching a fresh enterprise. While the concept of fundraising may ignite excitement, the legal dimension can often appear daunting. Our objective today is to streamline the legal facets of early-stage fundraising, allowing you to redirect your focus on refining your pitch!

???? Moving to Portugal: A Guide for Expats and Digital Nomads

The number of expats and digital nomads moving to Portugal has significantly increased in the past five years, as remote work has become more popular. Portugal now offers easier pathways for foreigners to obtain permanent residency or citizenship, thanks to its membership in the EU and the Schengen Zone, as well as the Golden Visa program. Our guide provides thorough preparation and essential steps for a successful start in Portugal.

Entrepreneur Immigrant Resources ??

We break down the news & resources you may have missed from across the globe?

Global Immigration Tips & News ??:

• Social: NFL star pleads with DHS to approve his wife's visa
• Article: The Pros and Cons of the Proposed H-1B Rule
• Article: They paid thousands to give up their U.S. citizenship. Now they want a refund
• Article: Indians on green card queue in employment-based 2 & 3 categories will not be able to file applications in FY 2024

Startup Tips, Grants, & News: ??:

• Startmate Accelerator is now taking applicants in Australia
• The Earth Alliance Creator Fund is open. Pitch us.
• Biggest mistake first time founders make?
• San Diego Tech Weekend Pitch Applications Now Open?

Webinars ???

Kickstart Your Digital Nomad Adventure (Exclusively for Deel Contractors)

Join our first-ever webinar, geared towards our contractor community! Dreaming of escaping winter? Want to try out the Digital Nomad lifestyle? Deel’s Mobility team is here to make it happen.

What will you get out of this webinar?

• Hear from knowledgeable Mobility panelists about their Digital Nomad journeys
• Learn the requirements for obtaining a Digital Nomad visa in Portugal, Spain, and the UAE
• Mobility experts will help you self-assess your eligibility
• Interactive Q&A session—come prepared with your questions!

Thursday, November 2, at 10:00 a.m. EST

???The O-1 Visa for Startup Founders

Did you know that most venture-backed founders qualify for an O-1A work visa to live and work in the U.S. while growing their startups??

This is excellent news because the O-1A work visa is almost always the best option for startup founders! Join Legalpad (Deel Immigration) for an interactive workshop to unpack the U.S. immigration system for startups. There are several ways to successfully make a move and tap into the vast resources, mentors, and talent across the startup ecosystems in the U.S.?

We’ll cover the most common visa options for startups, including the O-1A, how to qualify, and the steps you’ll need to take.?

Tuesday, November 7th 2023 @ 9:00AM PST.

Social Corner ??

Are you dressing up as an immigrant?

Because the process can be a nightmare.