The H-1B visa program, a cornerstone of US immigration for skilled professionals and international students, is set for a transformative overhaul. The Biden administration has introduced several key changes aimed at enhancing the program's integrity and adaptability to the evolving U.S. workforce needs.
A crucial change in the H-1B program involves the discontinuation of multiple entries for the same employee. In 2023, over half of the 800,000 H-1B registrations were multiple entries, artificially inflating certain applicants' chances. Now, each employee can be registered only once, with employers obligated to provide passport information, ensuring a fair selection process.
The requirement for an "employer-employee" relationship, which was introduced in 2010, will now be eliminated. This change facilitates entrepreneurs in securing H-1B visas for their companies if they own over 50% of the business.
Acknowledging the post-pandemic world, the Department of Homeland Security will allow a legitimate job offer to encompass telework, remote work, or off-site work within the United States.
International students will benefit from an extended "cap-gap" provision. Instead of the prior cutoff date of October 1st, F-1 Optional Practical Training will now be extended until April 1st of the following year or until an individual receives their H-1B visa, whichever comes first.
To combat fraud, particularly in IT consulting, the United States Citizenship and Immigration Services (USCIS) will intensify site visits. These may be unannounced, involving interviews with officials, record reviews, and employee interactions, ensuring program compliance.
A tighter definition of a "specialty occupation" will be instituted, requiring a direct connection between the degree field and the position's duties. This change might lead to more Requests for Evidence (RFEs) and candidate denials.
The proposed changes aren't however finalised. A "public comment period" will run until December 22, 2023, allowing stakeholders, immigrants, and employers to contribute feedback. The Department of Homeland Security will review feedback and will accordingly publish a final rule in 2024.