New Delhi:
The United States will introduce significant changes to the H-1B visa program starting Friday, January 17th. The latest regulations to allow highly skilled workers to remain in the United States based on their employment status will be one of the final immigration policy reforms brought into law. President Joe Biden's outgoing administration.
The H-1B visa program, which has helped attract global talent, will undergo a series of updates designed to modernize its framework and address current issues.
The U.S. Citizenship and Immigration Services (USCIS) states on its website: “The H-1B Final Rule modernizes the H-1B program by streamlining the approval process, increasing flexibility and increasing integrity to help better employers retain qualified workers. ” and program director. ”
Indian professionals will represent more than 70% of H-1B visa holders in 2023, so these changes could greatly benefit them.
Key changes to H-1B visa rules
Definition of “Profession”: The new regulations update the definition of “Profession” by revising the criteria for eligible positions. This makes it clear that degree requirements are “usually” rather than “always” necessary, and allows for a broader range of qualifications as long as they are directly related to the job.
Fairer lottery process: Stricter measures will discourage organizations from submitting multiple bulk applications, ensuring a fairer system.
Simplified transition for F-1 visa holders: Students with F-1 visas will have fewer challenges transitioning to H-1B status.
Faster processing: USCIS will expedite H-1B extension applications to reduce delays for workers and employers.
Greater flexibility for employers: Businesses can hire H-1B workers based on their specific workforce needs, supporting dynamic workforce planning.
Opportunity for Entrepreneurs: Entrepreneurs who own a majority stake in their companies can now self-apply for an H-1B visa if they meet more stringent requirements.
Enhanced Compliance Protections: USCIS' enhanced site visit powers, including inspections at workplaces, remote locations, and third-party sites, are intended to deter abuse. Failure to verify information during the inspection may result in denial or cancellation of your H-1B application.
New Petition: For improved compliance, a new updated Form I-129 will be required starting January 17, 2025. This form is intended to simplify the petition process.
Expanded cap exemption criteria: Research-focused organizations will now qualify for cap exemption under clearer definitions, replacing the previous vague guidelines.
Additionally, a big change is on the horizon: H-1B visa holders will soon be able to renew their visas without returning to their home countries. This could help Indian engineers who are H-1B visa holders in the US.
Will H-1B visa policy change under Donald Trump's administration?
Certain factions of the Republican Party have advocated tightening immigration controls, including restricting programs such as H-1B, but incoming U.S. President Donald Trump has recently voiced support for high-skilled immigrants. There is. “I have a lot of H-1B visas on my property. I've believed in H-1B. I've used them many times. This is a great plan,” President Trump said in December 2024. told the New York Times.
However, Trump has also been critical of the program, restricting access to foreign worker visas during his first term as president.
