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H-1B new changes: The Biden government announced changes in the H-1B visa program on Tuesday. This is expected to simplify the application process and curb abuses within the system.
The H-1B visa program, which has been in place for more than three decades, is a pathway for international students and professionals to work in the United States.
It is unclear how the incoming administration under President-elect Donald Trump will handle these changes. The change is one of President Joe Biden’s last major actions on legislative immigration, which could leave a lasting impact on the program.
It is not yet clear how the incoming administration of President-elect Donald Trump will handle these changes.
When will the new rule come into effect?
The new rule is scheduled to take effect on January 17, 2025, just days before President Biden leaves office. Petitioners must use the newly introduced petition Form I-129 to submit their H-1B petitions.
The most sought-after H-1B visa attracts a large number of applicants every year, far exceeding the limit of 85,000 set by the US Department of Homeland Security. Tech giants like Amazon, Google and Tesla are among the biggest beneficiaries of the program. Over 400,000 applications were submitted in 2024, indicating the greatest competition for this visa.
Announcing the changes, DHS said, “These updates are intended to make the H-1B process more efficient and ensure it meets the needs of our growing economy.”
What are the major changes in Visa?
– Applicants must demonstrate that the field of their degree is directly related to the job required for the visa. The move is aimed at reducing abuse of the program.
– Immigration officers will now have the authority to suspend prior approval when processing extension requests, streamlining the renewal process.
– United States Citizenship and Immigration Services (USCIS) will have increased authority to conduct workplace inspections to ensure compliance with H-1B rules. Non-compliance may result in visa cancellation or fines.
– The Interview Waiver Program, commonly known as the Dropbox system, allows eligible applicants to bypass the personal interview. Improvements may increase reliance on previous application records, potentially increasing the speed of upgrades.
Filing fees for H-1B petitions are a large cost,
Which includes additional fees for certain circumstances. The regular fee is $780 for paper submission and $730 for online application. However, small employers and nonprofits benefit from the lower fee of $460. Other costs, such as those for shelter programs or additional beneficiaries, may further increase the total cost.