The H-1B visa program has long been a pivotal aspect of immigration in the United States, particularly for skilled professionals and international students.

The Biden administration recently unveiled a set of changes to the H-1B program, aimed at improving its integrity and flexibility while addressing the evolving needs of the American workforce. NDTV decodes the proposed changes for you.

No More Multiple Entries
One of the most significant changes involves the elimination of multiple entries by employers on behalf of the same employee. In 2023, over half of the approximately 800,000 H-1B registrations were multiple entries, artificially inflating the chances of some applicants. To combat this, an employee can only be registered once, and employers will now be required to submit passport information for each employee. This allows the United States Citizenship and Immigration Services (USCIS) to ensure a fair and equitable selection process. Attempts to bypass this rule will lead to denials or revocations.

No Need For “Employer-Employee” Relationship
The previous requirement for an “employer-employee” relationship, imposed in 2010, has been a significant hurdle for founders looking to secure H-1B visas through their own companies. The new rule eliminates this requirement, making it easier for entrepreneurs to utilize the H-1B program to build and grow their businesses, even if they own more than 50% of the company.

Job Offer Can Be Remote
In a nod to the post-pandemic world, the Department of Homeland Security (DHS) acknowledges that a bona fide job offer can now include telework, remote work, or other off-site work within the United States. This change aligns with the widespread adoption of remote work arrangements.

Automatic “Cap-Gap” Extension
A substantial victory for international students is the extension of the “cap-gap” provision. Under the previous system, F-1 Optional Practical Training (OPT) could only be extended until October 1st. However, with the proposed rule, students can extend it until April 1st of the following year or until they receive their H-1B visa, whichever comes first.

Increased Site Visits
To combat fraud, particularly in the IT consulting sector, USCIS will conduct more and stricter site visits. Inspectors may visit unannounced, interview officials, review records, and speak with employees. These measures aim to ensure that employers comply with the H-1B program requirements.

Stricter Definition Of “Specialty Occupation”
Another notable change is the stricter definition of a “specialty occupation.” Under the new rule, there must be a direct relationship between the required degree field and the position’s duties. This change could potentially lead to more Requests for Evidence (RFEs) and denials for deserving candidates.

Public Comment Period
The proposed changes to the H-1B program have not been set in stone. 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.

The move represents 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’s 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.

New Delhi:

India-American Republican presidential aspirant Vivek Ramaswamy has promised to “gut” the H-1 B visa programme if elected to the office.

Calling it “indentured servitude”, Mr Ramaswamy asserted that the lottery-based system to grant the special visa will be replaced with a more meritocratic process.

Mr Ramaswamy, who himself has used the H-1 visa programme 29 times to hire employees for his former company Roivant Sciences between 2018 and 2023, called the system for “everyone involved”.

“The lottery system needs to be replaced by actual meritocratic admission. It’s a form of indentured servitude that only accrues to the benefit of the company that sponsored an H-1B immigrant. I’ll gut it,” he said in a statement.

What Is H-1B Visa Programme

The H-1B visa, a non-immigrant visa programme, allows US companies to hire foreign workers in specialty occupations, especially those that require theoretical or technical expertise.

The H-1B visa is used by US-based IT companies to hire employees from countries like China and India.

This is not the first time that the H-1B visa programme has come under the spotlight ahead of the US Presidential election.

The visa programme, which has often been at the receiving end of criticism for being a tool to hire cheap labour at the cost of local talent, was sought to be changed by the Donald Trump administration. In June 2020, the Trump administration suspended the H-1B visas along with other types of foreign work visas until the end of 2020 to protect American workers in a crucial election year.

The proposed changes include a rule that will narrow the definition of what constitutes a “speciality occupation”. The rules also required companies to tell the immigration agencies that such employees being hired through H1B visas were not available in the local pool of US workers.

The lottery-based allotment system was set to be replaced with a wage-based system. However, the Trump-era rule was withdrawn in 2021.

Benefits Of H-1B Visa

The H-1B visa, issued for a specific period with the possibility of extension, offers several advantages to its holder. Anyone hired by a US company through the H-1B visa programme has to be paid the same wage rate as other workers with the same experience and qualifications.

It also guarantees the employee working conditions on the same basis and criteria as provided to similarly employed US workers. The employers also have to be paid for the nonproductive time caused by the employers due to lack of license or permit.

For employers, the programme offers greater access to a talent pool from across the globe.

How The Proposed Changes Impact Indians?

Every year, the US administration issues 85,000 H-1 B work permits – which include 65,000 for people with specialty occupations and 20,000 for those foreign workers who have earned a master’s or higher university degree in the US. A large share of these H-1B work permits issued each year goes to Indian residents and the companies.

Indians reportedly made up to 73% of the 4.42 lakh H-1B workers in the 2022 fiscal year.

The proposed changes of making way for a “merit” based allotment system could also mean a drop in the total number of visa applications approved every year. This could crush the dreams of Indians aspiring to work in the US.