SOURCE : NEW18 NEWS
Last Updated:January 17, 2025, 16:04 IST
H-1B Visa News: According to the US Department of Homeland Security, the H-1B visa program will be modernised by clarifying requirements, improving efficiency, and offering greater benefits and flexibility to both petitioners and beneficiaries
Of the 386,000 H-1B visas granted in 2023, 72.3% were awarded to Indians. (Representative/News18 Hindi)
The US administration has announced significant changes to the H-1B visa programme, effective from January 17. According to the US government, these changes aim to ensure fairness, transparency, and efficiency in recruiting foreign talent in the US.
Indians constitute the largest group of H-1B visa holders. Of the 386,000 H-1B visas granted in 2023, 72.3% were awarded to Indians. According to experts, Indian tech professionals are poised to benefit substantially from these revisions.
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The H-1B visa, a non-immigrant visa, enables US employers to temporarily employ foreign workers possessing specialised skills. According to the US Citizenship and Immigration Services (USCIS), these reforms are designed to streamline the visa approval process and enhance programme flexibility, allowing employers to retain skilled teams.
The US Department of Homeland Security (DHS) has outlined two key objectives for modernising the H-1B visa programme: clarifying programme requirements and boosting efficiency, and providing increased benefits and flexibility to petitioners and beneficiaries.
Change in the Definition of Specialised Work
The definition of specialised work within the H-1B programme has been modified. The US Department of Homeland Security now defines the requirement of maintaining a “direct relationship to the degree” as a “logical relationship”. This implies a necessary logical connection between the applicant’s degree and the job responsibilities.
Simplified F-1 to H-1B Visa Transition
The new rules offer relief to students in the US on F-1 visas. During the H-1B visa application review, their F-1 visas will be automatically extended until April 1, preventing disruptions to their legal status and employment authorisation.
Amending Cap-Exemption Rules
Non-profit and government research organisations will be exempt from the H-1B cap, even if research is not their primary function. Additionally, certain beneficiaries not directly employed by the eligible organisation but dedicating 50% of their time to furthering its purpose will also qualify for this exemption.
Enhancing Programme Security
Employers, specifically companies petitioning for H-1B visas, must now demonstrate the availability of a legitimate “speciality job”. The Department of Homeland Security can request documentation from the company to verify the job’s authenticity.
