H-1B new changes: The Biden administration on Tuesday announced several changes to the H-1B visa program, expected to simplify the application process and curb abuse within the system.
The H-1B visa program, which has been in place for more than three decades, has been a pathway for international students and professionals to work in the US. This change, one of President Joe Biden’s last major actions on legal immigration, could leave a lasting mark on the program.
It is still unclear how the incoming administration led by President-elect Donald Trump will handle these changes.
When will the new rules come into effect?
The new rules are set to come into effect on January 17, 2025, just days before President Biden leaves office. Applicants will have to use a newly introduced application form, the I-129, to submit their H-1B petitions.
Highly sought-after, the H-1B visa attracts hundreds of thousands of applicants each year, far exceeding the 85,000 cap set by the US Department of Homeland Security (DHS). Tech giants such as Amazon, Google and Tesla are among the biggest beneficiaries of the programme. In 2024, more than 400,000 applications were submitted, underscoring the fierce competition for these visas.
Announcing the changes, the DHS explained, “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 main changes made to the visa?
-Applicants will have to demonstrate that their degree field is directly related to the job covered by the visa. The measure is aimed at reducing abuse of the program.
-Immigration officers will now have the authority to defer prior 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 regulations. Noncompliance could result in visa revocation or penalties.
-The Interview Waiver Program, commonly known as the dropbox system, allows eligible applicants to bypass in-person interviews. The reforms could expand reliance on past application records, potentially speeding up renewals.
Filing fees for H-1B applications a huge cost
The regular fee is set at $780 for paper submissions and $730 for online applications, with additional fees for specific circumstances. However, smaller employers and nonprofits benefit from a lower fee of $460. Other costs, such as for shelter programs or additional beneficiaries, can further increase the total expense.
