H-1B visa revamp: What employers and students need to know
The Biden administration announced reforms to the H-1B visa program aimed at streamlining applications and reducing abuses.
The Biden administration unveiled several changes to the H-1B visa program on Tuesday, hoping to streamline the application process and curb abuses within the system.
The H-1B visa program, in operation for over three decades, is a pathway for international students and professionals to work in the States. This overhaul, one of President Joe Biden's last major actions on legal immigration, could leave a lasting imprint on the program.
It remains unclear how the incoming administration under President-elect Donald Trump might handle these changes.
When will the new rules kick in?
The new rules are scheduled to take effect on January 17, 2025, just days before President Biden leaves office. Applicants will be required to use a newly introduced application form, I-129, to submit their H-1B petitions.
Highly sought after, the H-1B visa attracts hundreds of thousands of applicants annually, far exceeding the 85,000 cap set by the US Department of Homeland Security (DHS). Tech giants like Amazon, Google, and Tesla are among the largest beneficiaries of the program. In 2024, over 400,000 applications were submitted, underscoring the fierce competition for these visas.
Announcing the changes, the DHS outlined, “These updates aim to make the H-1B process more efficient and ensure it meets the needs of our evolving economy.”
Key changes in the regulation
- Applicants must demonstrate that their degree field is directly relevant to the job tied to the visa. This measure is intended to reduce misuse of the program.
- Immigration officials will now have the authority to defer to prior approvals when processing extension requests, streamlining the renewal process.
- The United States Citizenship and Immigration Services (USCIS) will have enhanced authority to conduct workplace inspections to ensure employers comply with H-1B regulations. Non-compliance could result in visa revocations or penalties.
- The Interview Waiver Program, commonly referred to as the dropbox system, allows eligible applicants to bypass in-person interviews. The reforms may expand reliance on previous application records, potentially expediting renewals.
Filing fees for H-1B applications remain a huge cost
Regular fees are set at $780 for paper submissions and $730 for online applications, with additional fees for specific circumstances. However, small employers and nonprofits benefit from a reduced fee of $460. Other costs, such as those for asylum programs or extra beneficiaries, can further increase the total expense.
