Major changes in the US H-1B visa are scheduled to take effect from January 17, even as huge uncertainty over the future of the H-1B programme prevails because of Donald Trump's focus on curtailing immigration.
It is expected that the new version of the programme will promote fairness, transparency, and efficiency in the process of hiring international talent in the United States.
The H-1B is a temporary (non-immigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. Jobs in fields such as mathematics, engineering, technology, and medical sciences often qualify. Typically, the initial duration of an H-1B visa is three years, which may be extended for a maximum of six years.
Regarding the new version, US Citizenship and Immigration Services said, “The revamps in the H1-B visa programmes will not only streamline the approval process but also enhance the flexibility of the programme so that employers can retain their talented employees.”
Every year, thousands of Indian techies move to the US with H-1B visas. The Office of Homeland Security Statistics reports that 7,55,020 people were admitted to the United States in H-1B status. in 2023.
The US government highlighted the following purposes for the changes: Clarifying the requirements of the H-1B programme and improving its efficiency; providing greater benefits and flexibilities for applicants and beneficiaries; and, strengthening the programme integrity measures.
Easier F-1 to H-1B Transition: F-1 visa students applying for an H-1B visa will benefit from an automatic extension of their F-1 visa until April 1 of the relevant year. This ensures continuity in lawful status and work authorization while their H-1B application is under review.
Changes to Cap-Exemption Rules: Nonprofit and government research organizations with research as a "fundamental activity" now qualify for H-1B cap exemptions, even if research isn't their primary focus. Additionally, beneficiaries spending at least 50% of their time on essential work for a qualifying organization may also qualify for exemptions, even if not directly employed by the organization.
Prevent misuse: To prevent misuse, employers must prove the existence of a legitimate "specialty occupation" job for the beneficiary. The DHS may request supporting documents to verify job authenticity. Petitions must align with the Labour Condition Application (LCA), and petitioners must have a legal presence in the US.
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