Exploring proposed changes to the H-1B visa program and their potential beneficiaries.
The Joe Biden administration is proposing significant changes to the H-1B visa program, aimed at improving efficiency by streamlining eligibility and providing more flexibility to various non-immigrant worker categories. These rules, set to be published by the US Citizenship and Immigration Services (USCIS) on October 23, do not alter the mandated limit of 60,000 H-1B visas issued annually. The H-1B visa allows US companies to employ foreign workers in specialized roles requiring technical expertise and is crucial for technology firms that hire many professionals from countries like India and China. The proposal addresses concerns of misuse and aims to prevent multiple registrations by employers for the same individual, which had artificially increased chances of selection in the lottery system. The new rule also eliminates the requirement for a strict “employer-employee” relationship, making it easier for entrepreneurs to use the program. It acknowledges that a bona fide job offer can now include telework or remote work, a change influenced by the post-COVID work culture. Additionally, it extends flexibility for F-1 students seeking to switch to H-1B status by extending the cap-gap provision. These changes are part of the administration’s efforts to attract global talent, reduce burdens on employers, and enhance the integrity of the immigration system. The proposal is expected to be introduced before the next H-1B cap registration season in early 2024.
