H1B visa overhaul comes into effect

Washington: The United States is introducing significant changes to its H1B visa programme from Friday. 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 H1B 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 H1B final rule modernizes the H1B 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 programme.” 

With Indian professionals comprising over 70 percent of H-1B visa holders in 2023, these changes could substantially benefit them.

‘Specialty occupation’ definition: The new rule updates the definition of “specialty 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.