New Delhi:
America has made important changes in its H-1B visa program from Friday. The rules allowing highly skilled workers to stay in the US based on their employment status have been updated, one of the final immigration policy reforms under the Biden administration. The H-1B visa program has been helpful in attracting global talent. The program has been updated to modernize its structure and address current issues.

The United States Citizenship and Immigration Services (USCIS) said on its website, “The H-1B final rule seeks to improve the quality of the H-1B approval process by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving program integrity and oversight.” “Modernizes the H-1B program by reforming the H-1B program.”

In the 2023 framework, more than 70 percent of H-1B visa holders will be Indian professionals, they can benefit greatly from these changes.

Major changes in H-1B visa rules

Definition of ‘Special Business’: The new rule revises the definition of “specialized occupation” by revising the criteria for eligible posts. This clarifies that a degree is “usually” required, but not “always”. Qualifications also allow for a wide range of degrees, as long as they are directly related to the job.

Fair Lottery Process: Strict measures will be taken to prevent organizations from submitting multiple bulk applications, thereby ensuring a more equitable system.

Simple changes for F-1 visa holders: Students with F-1 visas will experience fewer challenges when transitioning to H-1B status.

Fast 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 who hold a ‘majority stake’ in their company can now petition for an H-1B visa on their own, provided they meet stringent conditions.

Strong compliance safeguards: Site visit authority for USCIS is intended to prevent abuse, including inspections at work sites, remote locations and third party sites. Failure to verify information during inspection may result in H-1B petitions being denied or revoked.

New Petition Form: A new Form I-129 will be mandatory starting January 17, 2025, for better compliance. The purpose of this form is to simplify the petition process.

Extended Limit-Free Criteria: Research-focused organizations can now qualify as cap-exempt under a clear definition instead of the vague former guidelines.

Additionally, in a significant change, H-1B visa holders will soon be able to renew their visas without traveling to their home country. This is likely to help those Indian technical experts who are H-1B visa holders in America.

Will H-1B visa policies change under Trump rule?

Some factions of the Republican Party have advocated stricter immigration controls, including limiting programs like H-1B. Donald Trump has recently expressed support for high-skilled immigration. Trump told The New York Times in December 2024, “I have several H-1B visas on my properties. I believe in H-1B. I have used it many times. It’s a wonderful program.”

However, during his first presidential term, Trump restricted access to foreign worker visas and even criticized the program.