New Delhi. The outgoing Biden administration has relaxed rules for H-1B visas that will make it easier for American companies to hire foreign workers with special skills and facilitate a smoother transition from F-1 student visas to H-1B visas.
The rule, announced by the Department of Homeland Security aims to provide greater flexibility to employers and workers by modernising the definition and criteria. It moderated the definition and criteria for special positions and nonprofit and governmental research organisations that are exempt from the annual statutory limit on H-1B visas.
This move is likely to benefit thousands of Indian tech professionals. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
As per the media reports, last year, Indian nationals accounted for more than 72 of the three lakh 86 thousand visas issued under the programme.
The most sought H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.
The new rules are scheduled to take effect on January 17, 2025, just days before President Biden leaves office. Applicants will be required to use a newly introduced application form, I-129, to submit their H-1B petitions.
The H-1B visa attracts hundreds of thousands of applicants annually, far exceeding the 85,000 cap set by the US Department of Homeland Security (DHS). Tech giants like Amazon, Google, and Tesla are among the largest beneficiaries of the program. In 2024, over 400,000 applications were submitted, underscoring the fierce competition for these visas.
Key changes in the regulation
Applicants must demonstrate that their degree field is directly relevant to the job tied to the visa. This measure is intended to reduce misuse of the program.
Immigration officials will now have the authority to defer to prior approvals when processing extension requests, streamlining the renewal process.
The United States Citizenship and Immigration Services (USCIS) will have enhanced authority to conduct workplace inspections to ensure employers comply with H-1B regulations. Non-compliance could result in visa revocations or penalties.
The Interview Waiver Program, commonly referred to as the drop-box system, allows eligible applicants to bypass in-person interviews. The reforms may expand reliance on previous application records, potentially expediting renewals.
