US Unveils Significant H-1B Process Adjustments: 5 Key Changes

The H-1B visa program has been a linchpin of U.S. immigration for skilled professionals and international students for decades. Now, the Biden administration is unveiling transformative changes designed to bolster the program's integrity, flexibility, and responsiveness to the evolving demands of the American workforce. As we navigate these changes, let's delve into the proposed alterations, as authored by Soundarya Balasubramani.

End to Multiple Entries

A pivotal change entails the eradication of multiple entries by employers for the same employee. In 2023, a majority of the 800,000 H-1B registrations consisted of multiple entries, skewing the odds for some applicants. To rectify this, each employee can now be registered only once, and employers must submit passport information for every employee. This ensures a just and equitable selection process, with repercussions for those attempting to circumvent these rules.

No "Employer-Employee" Relationship Required

Entrepreneurs seeking H-1B visas through their companies will find this change to be a game-changer. The earlier requirement for an "employer-employee" relationship, enacted in 2010, often posed a significant hurdle. However, this requirement has been removed, providing entrepreneurs the flexibility to harness the H-1B program to nurture their ventures, even if they possess more than 50% ownership in the company.

Remote Job Offers Accepted

In a nod to the post-pandemic world, the Department of Homeland Security now acknowledges that a genuine job offer can encompass telework, remote work, or off-site work within the United States. This change aligns with the widespread adoption of remote work arrangements and fosters a more versatile approach to job opportunities.

Automatic "Cap-Gap" Extension

An exciting win for international students is the extension of the "cap-gap" provision. Previously, F-1 Optional Practical Training (OPT) had limits, but now students can extend it until April 1st of the following year or until they receive their H-1B visa, whichever comes first.

Ramped-Up Site Visits

To combat fraud, especially in the IT consulting sector, USCIS is planning more rigorous and unannounced site visits. This includes interviews with officials, record reviews, and conversations with employees to ensure employers are in compliance with H-1B program requirements.

Stricter Definition of "Specialty Occupation"

A notable change lies in the stricter definition of a "specialty occupation." The new rule emphasizes the need for a direct link between the required degree field and the position's duties. This could result in more Requests for Evidence (RFEs) and denials for deserving candidates.

Public Comment Period

It's essential to recognize that these proposed changes are not set in stone. The Department of Homeland Security is seeking public input until December 22, 2023. This presents an opportunity for immigrants, employers, and stakeholders to shape the final regulations. Your voice matters in this crucial moment of transformation for the H-1B program.

These changes signify a pivotal step toward modernizing and adapting the system to meet the needs of today's workforce. While some may criticize specific alterations, they address long-standing issues and provide fresh opportunities for entrepreneurs, students, and skilled professionals.

The rule is open for public comment until December 22, 2023. Following this period, the Department of Homeland Security will review feedback and aim to publish a final rule in 2024. This is the perfect moment for all stakeholders to be heard and contribute to reform efforts.