5 Big Changes As US Releases Proposed Tweaks To H-1B Process

The H-1B visa program is a critical component of the US immigration system, allowing employers to hire foreign workers in specialty occupations. The Biden administration has recently proposed a set of changes to the program, aimed at improving its integrity and flexibility while addressing the evolving needs of the American workforce.

Key Proposed Changes

• No more multiple entries: Employers will no longer be able to submit multiple registrations for the same employee, which has artificially inflated the chances of some applicants being selected in the lottery.
• No need for "employer-employee" relationship: This change removes a significant hurdle for entrepreneurs who are looking to secure H-1B visas through their own companies.
• Job offer can be remote: The proposed rule acknowledges that a bona fide job offer can now include telework, remote work, or other off-site work within the United States.
• Automatic "cap-gap" extension: International students will be able to extend their F-1 Optional Practical Training (OPT) until April 1st of the following year or until they receive their H-1B visa, whichever comes first.
• Increased site visits: USCIS will conduct more and stricter site visits to combat fraud, particularly in the IT consulting sector.
• Stricter definition of "specialty occupation:" Under the new rule, there must be a direct relationship between the required degree field and the position's duties.

What the Proposed Changes Mean for vis seeker 

The proposed changes to the H-1B program have the potential to impact a wide range of stakeholders, including employers, employees, and students.

Employers: Employers will need to be more mindful of the new rules when submitting H-1B registrations and job offers. They should also be prepared for the possibility of increased site visits from USCIS.

Employees: Employees who are currently on H-1B visas or who are planning to apply for H-1B visas should carefully review the proposed changes to determine how they may be affected. For example, employees who are working remotely should ensure that their job offer clearly specifies their remote work arrangements.

Students: International students who are planning to apply for H-1B visas will benefit from the automatic "cap-gap" extension. This will give them more time to complete their studies and find an employer who is willing to sponsor them for an H-1B visa.

Public Comment Period

The proposed changes to the H-1B program are not final. The Department of Homeland Security has initiated a "public comment period" that runs until December 22nd, 2023, allowing individuals to provide feedback and input. This presents an opportunity for immigrants, employers, and other stakeholders to shape the final regulations.

Conclusion

The proposed changes to the H-1B program represent a significant step in modernizing and adapting the system to the needs of today's workforce. While some changes may face criticism, they also address long-standing issues and provide opportunities for entrepreneurs, students, and skilled professionals. It is important to note that these proposed changes are not final. The rule is currently open for public comment until December 22, 2023. After this period, the Department of Homeland Security will review the feedback and aim to publish a final rule, expected in 2024. This is a pivotal moment for anyone interested in the H-1B program to make their voices heard and contribute to the reform efforts.