The Biden administration recently unveiled a new set of changes to the H-1B visa program, aimed at improving its integrity and flexibility. This has been done keeping in view the dynamic needs of the American workforce. We all know that the H-1B visa program has long been a core component of immigration in the United States. This is particularly true for skilled professionals and international students.
The Joe Biden administration is proposing changes in the H-1B foreign workers program. The aim is to improve efficiency by tightening eligibility criteria and providing more flexibility to F-1 students, entrepreneurs, and skilled workers. With approximately 580,000 H-1B visa holders in the US, many being Indian nationals, the changes have far-reaching consequences.
What is H-1B visa?
The H1B visa is a non-immigrant visa. It allows US companies to employ foreign workers in specialty occupations. These are jobs that require theoretical or technical expertise.
H1B visa is issued for three to six years to employers to hire a foreign worker. However, H-1B holders who have begun the Green Card process can often renew their work visas indefinitely.
5 Big changes in the H-1B Visa Program by the US government
The US government proposes to introduce significant changes in the H1B Visa program. The highlights of the proposed changes are as follows.
1. Elimination of Multiple Entries by Employers
In the proposed policy change, one of the most important changes involves the elimination of multiple entries by employers on behalf of the same employee. In 2023, over half of the approximately 800,000 H-1B registrations were multiple entries. This phenomenon led to artificially inflating the chances of some applicants. To solve this, an employee can only be registered once. Also, employers will now be required to submit passport information for each employee.
This will allow the United States Citizenship and Immigration Services (USCIS) to ensure a fair and justified selection process. However, if there are attempts to bypass this rule. It will lead to denials or revocations.
The Department of Homeland Security (DHS) has acknowledged that a bona fide job offer can now include telework, remote work, or other off-site work. This change is applicable within the United States.
2. Entrepreneurs Can Build Business
In 2010, there was a requirement for an “employer-employee” relationship. It has been a major obstacle for founders looking to secure H-1B visas through their own companies. The new rule eliminates this requirement. So, it is easier for entrepreneurs to use the H-1B program to build and grow their businesses. This is possible even if they own more than 50% of the company.
3. Automatic Cap-Gap Extension for International Students
A major achievement for international students is the extension of the “cap-gap” provision. Under the previous rules, F-1 Optional Practical Training (OPT) could only be extended until 1 October. However, under the proposed rule, students can extend it until 1 April of the following year or until they receive their H-1B visa, whichever comes first.
For international students who have completed their qualifications and are eligible for optional practical training (OPT), the proposed rule provides an OPT duration of one year. However, students in the STEM (science, technology, engineering, and mathematics) field, will receive an extended duration of two years.
One also needs to keep in mind that the individuals pursuing OPT are sponsored for the H-1B work visa by the organization where they are undergoing training. Currently, if their H-1B application is filed on time, they can continue to work beyond the expiration date on their OPT employment authorization document while awaiting the start date (October 1) of an approved or pending H-1B application.
4. Increased Site Visits by USCIS
To mitigate fraud, especially in the IT consulting sector, USCIS will conduct more and stricter site visits. Interview officials and inspectors may visit without information, verify records, and speak with employees. These measures aim to ensure that employers comply with the H-1B program requirements.
5. Stricter Definition of Specialty Occupation
The US authorities have come up with a stricter definition of a “specialty occupation.” Under the new rule, there must be a direct relationship between the required degree field and the post’s requisites. There is a downside to this. This change could potentially lead to more Requests for Evidence (RFEs) and denials for deserving candidates.
Currently, individuals with multiple registrations have a higher chance of being selected through the lottery selection process. This change aims to curb the process where multiple applications are filed on behalf of the same individual to increase their odds of selection, without a genuine job offer.
Now a job position will no longer be considered a specialty occupation if a general degree, such as business administration or liberal arts, without further specialization, suffices for the role. This means that applications for positions like advertising manager without a specialized degree may not be approved.
6. Public Comment Period for Feedback
The proposed changes to the H-1B program are not permanent as yet. The Department of Homeland Security has started a “public comment period.” It runs until 22 December 2023, allowing individuals to provide feedback and input. This presents an opportunity for immigrants, employers, and other stakeholders to comment and share their perspectives.
After the proposed period, the Department of Homeland Security will review the feedback. They aim to publish a final rule, expected in 2024. So, if you are interested in the H-1B program, make your voice heard and contribute to some far-reaching changes in policy-making.
Final Thoughts
The move by the Biden administration represents a crucial step in adapting the system to the needs of today’s organizations. While there are some hiccups that are open to criticism, they also try to address certain unresolved issues. The proposed rules provide opportunities for entrepreneurs, students, and skilled professionals. However, it’s important to understand that these are not the final changes.
At the end of fiscal year 2019, there were approximately 580,000 H-1B visa holders in the US, with a major proportion being Indian nationals. The proposed changes, therefore, have far-reaching consequences for American employers, current visa holders, and those aspiring to obtain this work visa.
Frequently Asked Questions
To address concerns regarding the lottery selection process, the proposed rules suggest that each individual beneficiary should be entered into the selection process only once.
The H-1B visa program helps in filling the gap of labor shortages and makes sure that there is no shortage of skilled labor in the US economy.
As of now, they can continue to work as before. There is no imminent threat to their jobs.
H-1B status is available to a person who has been offered a temporary professional position by a U.S. employer. A bachelor’s degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status.
The basic USCIS filing fee of USD $460 applies to all H-1B petitions.
