New Delhi: The US is set to implement key changes to its H-1B visa programme. It will begin on January 17, under the outgoing Biden administration. These updates aim to modernise the visa framework and improve its efficiency, addressing current challenges while promoting a more flexible system for skilled workers.
The H-1B visa has long been a vital tool for attracting global talent, particularly in fields like technology and engineering. The new regulations introduced by the US Citizenship and Immigration Services (USCIS) focus on improving the approval process, increasing flexibility and strengthening oversight. As per USCIS, these changes will streamline the programme and bolster its integrity.
H-1B visa reforms explained
One major update includes a revised definition of “specialty occupation,” which now requires a relevant degree for most positions, instead of always mandating it. The broader interpretation opens the door for more applicants with diverse educational backgrounds, as long as their degrees are directly related to the job.
The lottery system will also be reformed, making it more equitable by limiting the submission of multiple bulk applications by employers. That apart, F-1 visa holders changing to H-1B status will face fewer obstacles. It will ease the process for international students.
To expedite processing, USCIS will prioritise H-1B extension applications, reducing delays for workers and employers alike. Companies will also benefit from greater flexibility, enabling them to hire H-1B workers based on their specific workforce needs.
Entrepreneurs will now have an easier path to obtain an H-1B visa, as they can self-petition, provided they meet certain requirements. Compliance safeguards have also been tightened, with enhanced authority for USCIS to conduct site visits and inspections. It will make sure the programme is not misused.
Changes to H-1B process
It will start in 2025. A new version of Form I-129 will be mandatory for all H-1B petitions, streamlining the process. Moreover, research institutions will be more clearly defined as cap-exempt, promoting innovation. In a significant move, H-1B visa holders will soon be able to renew their visas without having to leave the US. It will benefi many foreign workers, particularly in tech sectors. While former President Donald Trump had criticised the programme, he has recently voiced support for high-skilled immigration.
