Biden announces overhaul of H-1B visa programme; check details
Applicants will now be required to prove that their degree field is directly related to job they are applying for
PTC Web Desk: The Biden administration has introduced significant changes to the H-1B visa programme in an effort to simplify the application process and address potential abuses within the system. The H-1B visa, which has been in place for over 30 years, allows international students and professionals to work in the United States.
This overhaul is expected to leave a lasting impact on the programme, marking one of President Joe Biden's final actions on legal immigration before he exits office. The new rules are set to take effect on January 17, 2025, just days before the conclusion of his presidency. It remains uncertain how the incoming administration, under President-elect Donald Trump, will address these changes.
Key changes in H-1B Visa Programme
One of the most notable changes is the introduction of a new application form, I-129, which will be required for H-1B petitions. This new form aims to improve the efficiency of the application process and ensure that the programme better aligns with the evolving needs of the US economy.
Another major update is that applicants will now be required to prove that their degree field is directly related to the job they are applying for. This move is intended to curb potential misuse of the visa programme and ensure that only qualified individuals are granted entry.
The US Citizenship and Immigration Services (USCIS) will also be given greater authority to carry out workplace inspections to confirm that employers are adhering to H-1B regulations. Non-compliance with these regulations could lead to penalties or visa revocations.
Additionally, the reforms aim to streamline the visa renewal process by giving immigration officials the authority to defer to previous approvals when processing extension requests, reducing the time and paperwork needed for renewals.
The Interview Waiver Programme, often referred to as the dropbox system, will also see changes under the new rules. Eligible applicants will be able to bypass in-person interviews, which could speed up the overall application process.
Notably, the H-1B visa programme remains highly sought after, with hundreds of thousands of applicants annually competing for a spot. In 2024, over 400,000 applications were submitted, far surpassing the annual cap of 85,000 set by the US Department of Homeland Security (DHS). Major tech companies, such as Amazon, Google, and Tesla, are among the largest users of the programme.
Filing fees for H-1B applications continue to be a significant cost. Regular filing fees are set at $780 for paper submissions and $730 for online applications, with additional costs for special circumstances. However, small businesses and nonprofits can benefit from a reduced fee of $460. Further expenses may arise in situations involving extra beneficiaries or asylum programs.
The DHS has stated that these updates are designed to make the H-1B process more efficient and better suited to the changing demands of the economy, while also addressing concerns over potential abuses of the system. The government hopes these changes will help to streamline the visa process and ensure that it continues to meet the needs of US employers and skilled professionals from around the world.