US announces steps to attract foreign skilled workforce

Amidst pending comprehensive immigration reform, the United States has proposed several steps – including changes in the F-1 and H-1B visas – to attract foreign skilled workforce, a move likely to benefit professionals from countries like India.

Prominent among these reforms include providing work authorisation for spouses of certain H-1B visa holders, 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics, allow for additional part-time study for spouses of F-1 students and allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.

In addition, the Department of Homeland Security (DHS) announced that on February 22, it would launch its 'Entrepreneurs in Residence' initiative with an Information Summit in Silicon Valley.

This will bring together high-level representatives from the entrepreneurial community, academia and federal government agencies to discuss how to maximize current immigration laws' potential to attract foreign entrepreneurial talent.
These moves are in support of President Barack Obama's, efforts to meet 21st century national security and economic needs, the Department of Homeland Security said, adding that he is deeply committed to fixing our broken immigration system so that it meets national security and economic needs.

As a part of comprehensive immigration reform, Obama supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness in the US, including creating a "Startup Visa," strengthening the H-1B programme, and "stapling" green cards to the diplomas of certain foreign-born graduates in science, technology, engineering and math (STEM) fields.Together these actions would help attract new businesses and new investment to the US and ensure that the US has the most skilled workforce in the world.

"In the meantime, the Obama Administration is working to make improvements in the areas where we can make a difference," the DHS said.

The DHS said presently, an F-1 student may only engage in optional practical training (OPT) for 12 months.

F-1 students who graduate in programs of study classified as STEM can obtain a 17-month extension of OPT as part of their F-1 status if the degree they were conferred is included on the DHS list of eligible STEM degree programs, it said.
"This proposed change would expand eligibility for extension of OPT by including students with a STEM degree that is not the most recent degree the student has received. Furthermore, because of the dynamic nature of STEM related education and training, DHS will continue to review emerging fields for possible inclusion in the list of eligible STEM degree programs," it said.

DHS said its regulatory reform would allow spouses of F-1 students to enroll in additional academic classes on a part- time basis while their spouse is pursuing full-time studies.

Presently, under the current regulation, spouses may only take part-time vocational or recreational classes.

Schools would also be given increased flexibility to determine the number of DSOs needed at their institution to meet both the administrative and guidance needs of students.

According to proposed changes, DHS regulation would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her adjustment of status application to be adjudicated.

Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent resident status through employment after meeting a minimum period of H-1B status in the US.
This effort will help retain talented professionals who are valued by US employers and who seek to contribute to our economy, it said.

DHS said it would allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.

This proposed change to the current DHS regulation would increase the types of evidence that employers can submit to demonstrate that a professor or researcher is among the very best in their field, it said.

"Presently, applicants for the employment-based immigrant visa category of 'outstanding professors and researchers' are limited to specific types of evidence listed by regulation. This would allow 'comparable evidence' beyond the specifically articulated regulatory list. This change will harmonise the evidentiary standard for this category with the other exceptional ability immigrant visa categories," it said.