The US H-1B visa program has undergone significant changes, effective from Friday, January 17.
According to the US administration, these changes aim to promote fairness, transparency, and efficiency in recruiting foreign talent.
Indian professionals stand to benefit the most, as they hold the majority of H-1B visas. Out of 386,000 visas issued in 2023, 72.3% went to Indians.
The H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers with specialized skills temporarily.
The US Citizenship and Immigration Services (USCIS) stated that the reforms simplify the visa approval process and increase program flexibility, helping employers retain talented workers.
The Department of Homeland Security (DHS) outlined two goals for modernizing the program:
1) Clarify H-1B program requirements and improve efficiency.
2) Offer more benefits and flexibility for employers and employees.
Key Changes in the H-1B Visa Program
Updated Definition of Specialty Work
The definition of “specialty work” now emphasizes a “logical relationship” between the worker’s degree and job responsibilities.
This adjustment simplifies the requirement to ensure that the degree aligns with the job’s nature.
Relief for F-1 Visa Students
Students in the US on F-1 visas have received a major relief. If their H-1B visa application is under review, their F-1 visa will now be automatically extended until April 1.
This change ensures they maintain legal status and employment authorization during the transition.
Amendments to Cap-Exemption Rules
Nonprofit and government research organizations are now exempt from the H-1B visa cap, even if research is not their primary function.
Additionally, individuals working 50% of their time on these organizations’ objectives will also qualify for this exemption, even if they are not directly employed by the eligible entity.
Improved Security Measures
Employers filing H-1B visa petitions must now prove the existence of a legitimate “specialty job.”
The DHS can request documentation from companies to verify job authenticity, adding a layer of security to the program.
