Submit comments to oppose proposed rule by USCIS which will impact early-career professionals and small and medium-sized companies
I am drawing attention of international students and professionals towards impending rule-making-- Modification of Registration Requirement for Petitioners Seeking To File Cap- Subject H-1B Petitions-- by USCIS. Providing a well-reasoned comment is an effective way to influence the rule-making decision by agencies. This proposed rule is going to impact early-career professionals and companies which hire them. I have put together a few sample comments which you can utilize for submitting formal comments to the Regulations dot Gov's portal (https://www.regulations.gov/document?D=USCIS-2020-0019-0001).
It is vital that employers or international students personalize the comment before submission, and provide some evidence, cite some research finding or data. You can also attached a comment in a PDF file. By customizing and making a compelling comment, you help ensure that the government will hear your unique voice, count and respond to your comment. The government must address every unique comment before issuing a final rule. Therefore, the more unique comments the submitted, the longer it will take for the rule to be finalized and go into effect. Comments are due 11:59 P.M. ET on Wednesday, December 2, 2020.
Tips for submitting effective comments: https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf
Regulatory Comment Form: (USCIS-2020-0019-0001)
SAMPLE COMMENT 1:
Subject: ….Comment Opposing USCIS’s Wage-Based Selection Process for H-1Bs….
……………………………….I respectfully submit this comment to strongly oppose USCIS’s NPRM, USCIS-2020-0019; RIN 1615-AC61. This misguided rule, which dramatically alters the way in which H-1B registrations are selected for the annual H-1B statutory cap, is inconsistent with Congressional intent, is in violation of the statute, and will undermine our nation’s pipeline of global talent we need to drive innovation and foster economic growth. ……………………………….
Insert details about yourself and your concern to this issue—e.g. as an employer which creates “U.S. jobs” and how H-1B is a “net job creator” for native workers. (https://www.uschamber.com/above-the-fold/high-skilled-h-1b-visas-demand-outstrips-supply-again; https://research.newamericaneconomy.org/report/h-1b-employment-effect/)
SAMPLE COMMENT 2:
Subject: …This Proposed Rule is a Clear Violation of the Statute and Congressional Intent, and salary alone cannot be controlling…:
……………………………….The H-1B program was established by Congress to provide an avenue for employers to hire a foreign worker in a specialty occupation. This proposed rule is a clear violation of the Immigration and Nationality Act, which prioritizes the selection of H-1B cap-subject petitions in the “order in which they are filed” and does not limit who is selected for the H-1B cap to those employers who pay the most. USCIS lacks the statutory authority to make such a change and cannot use the statute’s silence as an invitation to adopt criteria, such as wage level or skill level, to prioritize the selection of H-1B cap subject visas.
…This Proposed Rule is Based on a False Premise That Salary Alone Equates with Value…:
……………………………….This proposal, which is based on the false premise that individuals who earn more in their profession contribute more to the economy or society, is yet another misguided and illegal attempt by the Trump administration to weaken our legal immigration and promote falsities about the workers who, contrary to what this rule implies, strengthen our economy.
If implemented, this rule will have a direct and negative impact on U.S. employers and college-educated foreign-born professionals by dramatically reducing access to the H-1B visa program for early-career professionals, including those completing Master’s or Doctoral degrees at U.S. colleges and universities. Indeed, USCIS has acknowledged that if this new regulation is implemented, no individuals who are paid a Level 1 wage would be selected to submit a H-1B cap-subject petition for the annual H-1B cap. These proposed changes would effectively eliminate the H-1B program as an available visa option for new graduates seeking employment in an entry-level position……………………………………………………
Insert specific examples(s) or experience(s) of how this rule will prohibit you or your comments from hiring necessary talent, including how entry-level professionals are vital to your business. Additionally, provide any data or anecdotal information on the negative impact of this rule on U.S. businesses, job creating, the ability to hire and retain essential workers, etc.
SAMPLE COMMENTS 3:
Subject: …USCIS Should Refrain From Implementing this Rule For the FY2022 H-1B Cap Filing Season…:
………………………………. Many U.S. employers and immigration attorneys start preparing for the H-1B cap filing season months in advance, in some cases as early as August depending on the industry. Any changes by USCIS to the H-1B cap filing process this late in the year would have an adverse impact on U.S. employers, immigration attorneys and individuals, as hiring decisions and filing processes and procedures have already been put in place by many employers and immigration law firms. Thus, if USCIS finalizes this illegal and misguided rule, USCIS must refrain from implementing it for the upcoming FY2022 H-1B cap filings season in order to allow U.S. businesses, immigration attorneys and individuals sufficient time to adapt to the new wage-based selection process. ……………………………….
Highlight the adverse impact this rule would have on you, your business, or your companies U.S. hiring decisions especially that you had made plan to sponsor current “trainee” who otherwise will not be able to have employer file a petition for him or her. Also discuss about local hiring vis-à-vis outsourcing, and how this type of rule will outsource the high-quality tech job abroad especially now that “remote work” is a new normal for the large number of U.S. jobs.