On Tuesday, the Biden administration announced several changes to the H-1B visa program aimed at simplifying the application process and reducing system abuses.
The H-1B visa program, active for more than 30 years, allows international students and professionals to work in the U.S. This overhaul, one of President Joe Biden’s final significant actions on legal immigration, may have a long-term impact on the program.
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It is uncertain how the incoming administration under President-elect Donald Trump will address these changes.
Upcoming H-1B Visa Rule Changes: What to Know
The new rules are set to take effect on January 17, 2025, shortly before President Biden’s term ends. Applicants will need to use a newly introduced I-129 application form to submit their H-1B petitions.
The H-1B visa is in high demand, with hundreds of thousands of applicants each year, far surpassing the 85,000 cap set by the US Department of Homeland Security (DHS). Major tech companies such as Amazon, Google, and Tesla are among the biggest recipients of these visas. In 2024, more than 400,000 applications were submitted, highlighting the intense competition for these visas.
In announcing the changes, the DHS stated, “These updates are designed to streamline the H-1B process and ensure it aligns with the demands of our changing economy.”
Main updates in the regulation.
- Applicants will be required to prove that their degree is directly related to the job associated with the visa. This requirement aims to minimize the misuse of the program.
- Immigration officials will now have the power to rely on previous approvals when handling extension requests, simplifying the renewal process.
- The United States Citizenship and Immigration Services (USCIS) will gain expanded authority to perform workplace inspections to ensure employers adhere to H-1B regulations. Failure to comply may lead to visa revocations or penalties.
- The Interview Waiver Program, also known as the dropbox system, enables eligible applicants to skip in-person interviews. The reforms may increase the use of prior application records, potentially speeding up the renewal process.
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