Significant changes have been made to the US H-1B visa program, which has been widely discussed in recent times. These new rules took effect on Friday, January 17.
According to the US administration, the goal of these changes is to enhance fairness, transparency, and efficiency in hiring foreign talent.
Indians hold the highest number of H-1B visas. In 2023, out of 386,000 H-1B visas issued, 72.3% were granted to Indian professionals.
Experts believe that these new reforms will benefit Indian tech professionals the most.
Purpose and Objectives of the Changes
The H-1B visa is a non-immigrant visa that allows US employers to temporarily hire foreign workers with specialized skills.
The US Citizenship and Immigration Services (USCIS) states that these reforms aim to simplify the visa approval process and provide more flexibility, helping employers retain skilled employees.
The US Department of Homeland Security (DHS) has outlined two key objectives for modernizing the H-1B visa program:
1) Clarifying program requirements and improving efficiency.
2) Offering more benefits and flexibility for both employers and employees.
Key Reforms in the H-1B Visa Program
Change in Definition of Specialty Work
The definition of “specialty work” has been modified. Previously, the requirement was to maintain a “direct relationship to a degree.”
Now, it has been updated to a “logical relationship.” This means that the degree a person holds must have a reasonable connection to their job responsibilities.
Benefits for F-1 Visa Holders
Students in the US on F-1 visas will benefit from these new rules. If their H-1B visa application is under review, their F-1 visa will be automatically extended until April 1.
This ensures that their legal status and employment authorization remain valid without interruption.
Amendments to Cap-Exemption Rules
Nonprofit and government research organizations will now be exempt from the H-1B visa cap, even if research is not their primary function.
Additionally, certain individuals who are not directly employed by these organizations but spend at least 50% of their time furthering the organization’s objectives will also qualify for this exemption.
Strengthening Program Security
Employers seeking H-1B visas must now provide proof that a legitimate “specialty job” exists.
The Department of Homeland Security (DHS) has the authority to request documentation to verify the authenticity of job offers.
These changes are expected to make the H-1B visa process more transparent and efficient while providing additional benefits to both employers and foreign professionals.
