H-1B visa reforms from Jan 17: The H-1B visa program will undergo a significant overhaul by the US government starting on January 17, 2025. According to the US Department of Homeland Security (DHS), the revised regulations include measures to ensure fairness and transparency, as well as simplified procedures and clarified eligibility criteria.
Secretary of Homeland Security Alejandro N. Mayorkas stated, “These program enhancements increase our economic competitiveness, allow highly skilled workers to continue advancing American innovation, and give employers more freedom to recruit talent from around the world.”
Important modifications to the H-1B program
Long-standing concerns rose by advocacy organizations, employers, and workers are intended to be addressed by the new regulations. Important modifications consist of:
- Updated standards for organizations exempt from the cap: In place of the previous, ambiguous definition of being “primarily engaged” in research, non-profit and governmental research organizations will be eligible for cap-exemption if their “fundamental activity” is research.
- Easy transition for holders of F-1 visas: When F-1 visa holder’s switch to H-1B status, their employment authorization and legal status will be less affected.
- Faster visa processing: In order to lessen the burden on employers and employees, USCIS has pledged to expedite the processing of applications for H-1B extensions.
- Employer flexibility: Companies can now hire H-1B employees in accordance with specified, documented needs, allowing for more flexible workforce planning.
- Eligibility for people with controlling interest: Under more stringent guidelines, entrepreneurs and other people who hold a controlling interest in their sponsoring company may be eligible for H-1B visas.
- More robust protections against abuse: USCIS will increase inspections, enforce noncompliance, and make sure all positions fulfil eligibility requirements.
- Revised petition form: Starting on January 17, 2025, a revised Form I-129 that complies with the updated regulations will be needed.
- Year-round cap exemptions: Organizations that are exempt from the cap will now be able to file petitions at any time of year without being restricted by a cap.
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Among these organizations are
- Institutions of Higher Education:Colleges and universities that satisfy the requirements set forth in the Higher Education Act of 1965 are considered institutions of higher education.
- Non-profit Organizations Associated with Higher Education Institutions: These include teaching hospitals, research centres, and other non-profits that are officially affiliated with colleges or universities.
- Independent non-profit organizations that specialize in basic or applied research are known as non-profit research organizations.
- Governmental Research Organizations: State, local or federal government agencies that concentrate on conducting research.
- Measures to prevent lottery abuse: To ensure fairness for legitimate applicants, the system will enforce stronger measures to stop organizations from flooding the lottery with applications.
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H1 B Visa Latest News: Issues for IT companies
The modifications coincide with a drop in major employers’ H-1B approvals. The biggest sponsor, Amazon, revealed that approvals decreased from more than 11,000 in 2023 to just over 7,000 in 2024. Reductions were also made to Indian IT behemoths like Infosys and Tata Consultancy Services (TCS). Some companies, like Meta, did, however, report higher approval rates. Meta’s need for H-1B specialists has been fuelled by its emphasis on virtual and augmented reality technologies.
