The Biden administration on Tuesday announced several changes to the H-1B visa program that are expected to streamline the application process and curb abuses in 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. One of President Joe Biden’s last major changes to legal immigration could leave a lasting impact on the program. It is still unclear how President-elect Donald Trump will handle these changes.
When will the new rules come into effect?
The new rules are scheduled to go into effect on January 17, 2025, just days before President Biden leaves office. Applicants must use the newly introduced application form, I-129, to submit their H-1B petition.
H-1B visas attract millions of applicants each year, exceeding the limit of 85,000 set by the US Department of Homeland Security (DHS). Tech giants like Amazon, Google and Tesla are among the biggest beneficiaries of the program. Over 400,000 applications were submitted in 2024, indicating intense 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 will be 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 pre-approval when processing extension requests, streamlining the renewal process.
- The 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 in-person interviews. Improvements may increase reliance on previous application records, potentially increasing the speed of upgrades.