New Delhi:
The United States is introducing significant changes to its H-1B visa programme starting Friday, January 17. The updated regulations, to allow highly skilled workers to stay in the US based on their employment status, form one of the final immigration policy reforms under the outgoing President Joe Biden administration.
The H-1B visa programme, which has been instrumental in attracting global talent, will undergo a series of updates designed to modernise its framework and address current issues.
The United States Citizenship and Immigration Services (USCIS) stated on its website, “The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to allow better employers to retain talented workers, and improving the integrity and oversight of the program.”
With Indian professionals comprising over 70 percent of H-1B visa holders in 2023, these changes could substantially benefit them.
Key Changes To H-1B Visa Rules
‘Specialty occupation’ definition: The new rule updates the definition of “speciality occupation” by revising the criteria for eligible positions. It clarifies that a degree requirement is “normally” needed, not “always,” and allows a broader range of qualifying degrees, as long as they are directly related to the job.
Fairer lottery process: Stricter measures will curb organisations submitting multiple bulk applications, ensuring a more equitable system.
Simplified transition for F-1 visa holders: Students with F-1 visas will experience fewer challenges when moving to H-1B status.
Faster processing: USCIS will expedite H-1B extension applications, reducing delays for workers and employers.
More flexibility for employers: Companies can hire H-1B workers based on their specific workforce needs, supporting dynamic workforce planning.
Opportunities for entrepreneurs: Entrepreneurs owning a majority stake in their company can now self-petition for H-1B visas, provided they meet stricter conditions.
Stronger compliance safeguards: Enhanced site visit authority for USCIS, including inspections at worksites, remote locations, and third-party sites aim to deter misuse. Failure to verify information during inspections may lead to denial or revocation of H-1B petitions.
New petition form: A newly updated Form I-129 will be mandatory starting January 17, 2025, for improved compliance. This form aims to simplify the petition process.
Expanded cap-exempt criteria: Research-focused organisations qualify as cap-exempt under a clearer definition, replacing vague earlier guidelines.
Additionally, a significant change is on the horizon — H-1B visa holders will soon be able to renew their visas without travelling back to their home country. This is likely to help Indian techies who are H-1B visa holders in the US.
Will H-1B Visa Policies Shift Under Donald Trump’s Administration?
While certain factions of the Republican Party have advocated for tighter immigration controls, including limiting programs like H-1B, US-President elect Donald Trump has in recent times expressed support for high-skilled immigration. “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great programme,” Trump told The New York Times in December 2024.
In the past, though, during his first presidency, Trump restricted access to foreign worker visas and was even critical of the programme.
