H-1B visa total overhaul comes into effect from today - Know all about key clauses, and impact on Indian professionals

H-1B visa latest news

The crucial changes to the H-1B visa program in the US will take effect starting today. The visa program enables highly skilled professionals to stay in the US based on their job status. This is one of the major policy decisions announced by the outgoing Joe Biden administration. The program has played a significant role in helping the US attract talent from around the globe. From today, several key changes will impact the application process, among other aspects. Take a look at the key points that have been revamped under the new framework.

Speedy processing of application: Those long delays in issuing of the visas may soon become thing of past. As per the new changes, the United States Citizenship and Immigration Services will ensure faster processing of the H-1B extension applications.

Revising criteria for ‘specialty occupation’: Under the latest changes, the US administration has updated the definition of a "specialty occupation" by revising the eligibility criteria. Unlike the previous rules, a degree will “normally” be required but will no longer be a mandatory prerequisite. This change allows a larger number of professionals with varying levels of skills to apply for the visa, provided their qualifications are relevant to their jobs.

Revamped Lottery Process: New measures are now in effect, ensuring that employers cannot submit bulk applications. This change is expected to provide more companies with an opportunity to acquire better talent.

Special focus on F-1 visa holders: F-1 visa holders, who are largely from student community, will now face fewer issues in transitioning to H-1B status.

Better compliance: From today, revamped Form I-129 will be compulsory for those applying for H1-B visas. This will help in improving compliance by the petitioners.

Overhauled Cap-Exempt Limit: Organisations involved in research work will now qualify for cap exemption. This eliminates the previously vague definitions.

The revamp comes amid sharp criticism of the H-1B program for being susceptible to manipulation by large organisations that overwhelm the application system with bulk submissions.