Starting January 17, 2025, new H-1B visa regulations will be implemented in the US, focusing on enhancing fairness and minimizing fraudulent activities.
Starting January 17, 2025, the United States will roll out a revamped H-1B visa program designed to enhance fairness, transparency, and efficiency in hiring international talent. Announced by the US Department of Homeland Security (DHS), the updated framework also seeks to address increasing concerns about fraud raised by employers, workers, and advocacy groups.
Boosting competitiveness and adaptability
“These enhancements to the program offer employers more flexibility in hiring global talent, strengthen our economic competitiveness, and enable highly skilled workers to further drive innovation in the United States,” stated Alejandro N. Mayorkas, Secretary of Homeland Security, as reported by Business Standard.
The recent reforms are anticipated to offer modest advantages to Indian professionals, who represent a significant portion of H-1B visa holders. In 2023, Indian nationals received 72.3% of the total 386,000 H-1B visas issued.
The updated H-1B program is part of a broader set of revised regulations for nonimmigrant visas, which also include changes to the L1 and Student visa categories. The final rule was issued on December 18, 2024, and is set to take effect on January 17, 2025. USCIS will release an updated version of Form I-129 on the same date to incorporate these changes.
Revised Criteria for Specialty Occupations
The definition of “specialty occupation” has been updated to establish clearer criteria for eligible roles. Now, H-1B positions must require a degree that is “directly related” to the job’s responsibilities, ensuring that the educational qualifications align with the role’s requirements.
Updated Cap-Exempt Regulations
Nonprofit organizations and governmental research institutions will now qualify for cap-exempt status if their primary function is focused on research. This allows universities, affiliated nonprofit entities, and government research organizations to submit petitions throughout the year.
Simplified Processes
Students transitioning from F-1 to H-1B status will benefit from automatic cap-gap extensions, easing the process. Additionally, USCIS is enhancing the processing speed for H-1B extensions and revisions, reducing delays.
Stricter Safeguards
To prevent abuse of the H-1B lottery system, new penalties will be imposed on employers submitting bulk applications. USCIS will also implement stricter compliance checks to ensure the integrity of the process and maintain fairness.
Entrepreneurs and Controlling Interests
Individuals holding a controlling interest in their sponsoring organization can now qualify for H-1B visas under more stringent conditions, ensuring that only genuine cases are considered.
Preventing Lottery Abuse
Stricter measures are being introduced to prevent the manipulation of the H-1B lottery system. This includes reducing the possibility of abuse by limiting bulk applications, ensuring fairness for all eligible candidates.
Strengthened Employer-Employee Relationship
Employers will now be required to provide more comprehensive documentation that confirms the existence and continuation of a legitimate employer-employee relationship, ensuring transparency and compliance.
Digital Approach
USCIS is moving towards a more digitalized approach by incorporating technology to streamline and secure the H-1B lottery and application processes. This modernization aims to improve efficiency and transparency.
Additional Information
A new beneficiary-centric selection process has been introduced for H-1B registrations, prioritizing unique applicants over multiple employer registrations.
Starting in FY 2025, each registered beneficiary must provide valid passport or travel document information.
Additionally, a new version of Form I-129 (dated April 1, 2024) will be required for all submissions beginning on that date.
The FY 2025 H-1B registration period will be open from March 6, 2024, to March 22, 2024, and must be completed through the USCIS online system.
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