US relaxes H1-B visa rules to improve integrity and efficiency

Updated: Dec 18th, 2024


In a big relief for Indians, the US Citizenship and Immigration Services (USCIS) has introduced new changes to the H-1B visa programme for ‘refining eligibility standards’ and ‘offering new flexibility’ to both employers and skilled foreign workers.

“The H-1B nonimmigrant visa programme allows US employers to temporarily employ foreign workers in speciality occupations, defined by statute as occupations that require highly specialised knowledge and a bachelor’s or higher degree in the specific speciality, or its equivalent,” said USCIS.

The rule aims to provide greater flexibility for employers and workers by ‘modernising’ the definition and criteria for speciality occupation positions as well as for nonprofit and governmental research organisations that are exempt from the annual statutory limit on H-1B visas, according to USCIS.

These changes will help US employers hire the employees they need to meet their business needs and remain competitive in the global marketplace.

Key changes of rules

  • To improve programme efficiency, the final rule will allow USCIS to more quickly process applications for most individuals who had previously been approved for an H-1B visa.
  • It will also allow H-1B beneficiaries with a controlling interest in the petitioning organisation to be eligible for H-1B status, subject to reasonable conditions.
  • The rule strengthens programme integrity by ‘codifying’ USCIS’ authority to conduct inspections and impose penalties for failure to comply. 
  • It also requires that the employer must establish that it has a bona fide position in a speciality occupation available for the worker as of the requested start date; clarifies that the Labor Condition Application must support and properly correspond with the H-1B petition; and requires that the petitioner have a legal presence and be subject to legal processes in court in the United States.

In order to implement this rule, a new edition of Form I-129, petition for a nonimmigrant worker, will be required for all petitions beginning January 17, 2025, which is the rule’s effective date.

Also read:

US visa appointment in India can be rescheduled only once for free from Jan ’25

Trump plans to deport 18,000 Indian nationals, including Gujaratis in first list

Gujarat
Your privacy

By clicking “Accept all cookies”, you agree Gujarat Samachar can store cookies on your device and disclose information in accordance with our  Cookie Policy