This update will also benefit Indian students with F-1 visas in the US because 17-01-2025Due to the new rules implemented from , it will be easier for the companies to get good talented people and the application process of H1B will be easier for the companies.
Ahmedabad, The Department of Homeland Security (DHS) has announced a decision to modernize the H-1B visa program effective January 17, 2025. The aim is to streamline and expedite the H1-B visa approval process and provide employers with greater flexibility to retain top talent. Indians are likely to benefit the most. US announces H-1B visa overhaul to fill jobs faster; Indians likely to benefit most
To the delight of thousands of Indians, the Department of Homeland Security (DHS) has announced a final rule to modernize the H-1B visa program, allowing US companies to more efficiently fill critical job vacancies. The updated rule, which will take effect on January 17, 2025, will streamline the approval process, provide employers with greater flexibility to retain top talent, and strengthen program integrity and oversight.
Apart from this, the process of conversion of F-1 visa to H-1B visa has also been simplified for students studying in the US and wishing to work in the US.
According to the United States Citizenship and Immigration Services (USCIS) website, the new rules modernize the H1-B program by simplifying the visa approval process so companies can retain talented global workers. In 2023, Indians accounted for 70 percent of the total H-1B visa holders.
This new change will significantly benefit Indians. The definition of specialty occupation has also been changed under the new rules by the US Department of Homeland Security. According to which, it has been made mandatory to have a relevant graduate level degree for the job. However, it provides a partial relaxation, which should be related to the degree for that post.
One of the aims of the new rules is to reduce the backlog of H-1B visas. So that highly skilled professionals do not have to wait for H-1B visa for a long time. The visa lottery process has been tightened under the new rules, which will clamp down on companies filing multiple applications at once.
Rules have also been relaxed to allow employers to hire employees based on their job needs. Entrepreneurs who own a majority stake in their company and meet certain requirements can apply for an H-1B visa on their own.
Indians are likely to benefit the most from this move. In recent years, Indians have captured a large share of H-1B visas. The update will also benefit Indian students with F-1 visas in the US as the new rules seek to help them transition into jobs.
According to US Citizenship and Immigration Services (USCIS), these changes are intended to meet labor needs in critical sectors and grow the US economy. “American businesses rely on the H-1B visa program to hire highly skilled talent, benefiting communities across the country,” said Homeland Security Secretary Alejandro N. Mayorkas.
“These improvements to the program provide employers with greater flexibility to hire global talent, enhance our economic competitiveness, and provide highly skilled workers to drive American innovation,” he added.
Key updates to the new rule include ensuring flexibility, continued lawful status, and employment for F-1 visa students transitioning to H-1B status.
The new rule also allows expedited processing for individuals previously approved for H-1B visas and expands eligibility to beneficiaries who have a controlling interest in the petitioning organization under certain conditions.
In addition, the new rule strengthens the integrity of the program by codifying USCIS's authority to conduct inspections and impose penalties for noncompliance.
It requires employers to establish by the worker's start date and provide supporting documents consistent with their labor status application.
According to USCIS, H-1B visa applicants must also have a legal presence in the US and be subject to US legal procedures.
The new rule modernizes the H-1B visa rules
The H-1B visa program, established by Congress in 1990, allows US employers to temporarily employ foreign workers in specialized occupations that require highly specialized knowledge and at least a bachelor's degree.
The new rule will modernize the definition of specialty occupations and clarify eligibility criteria, particularly for non-profit and government research organizations that are exempt from the annual visa limit, according to USCIS.
“The changes in today's final rule will ensure that US employers can hire the highly skilled workers needed for growth and innovation while increasing program integrity,” said USCIS Director Ur M Jaddo.
The annual cap of H-1B visas is set at 85,000. And for this fiscal year, USCIS has announced that they have reached the annual quota. Of these 85,000 H-1B visas, 65,000 are for the regular limit and the remaining 20,000 are for US advanced degrees or master's degrees. But many non-profit organizations are exempt from that limit.
H-1B visa holders are mainly from India. In 2023, Indians accounted for 72.3% of the 386,000 H-1B visas issued.
US companies rely on H-1B visas to hire millions of workers each year from countries like India and China.
H-1B visa applications often exceed the annual limit, and visas are awarded through a lottery system. This means that many qualified applicants are rejected simply by chance.
However, cap-exempt organizations, such as certain nonprofit organizations and government research institutions, may apply for H-1B visas year-round without being limited by the annual limit. Under the new rule, these institutions will be more clearly defined as those whose main activity is research. According to The Hill, the change is intended to eliminate past confusion over which entities qualify for the cap exemption.
The Department of Homeland Security (DHS) has announced its decision to modernize the H-1B visa program, effective January 17, 2025. The aim is to streamline and expedite the H1-B visa approval process and provide greater flexibility for employers to retain top talent. Indians are likely to benefit the most.