Washington: A month before transferring power, the outgoing Biden administration announced a new set of rules on Tuesday for H-1B visas that will make it easier for American companies to hire foreign workers with special skill sets and facilitate a smoother transition from F-1 student visas to H-1B visas.
The rule, announced by the Department of Homeland Security (DHS), aims to provide greater flexibility to employers and workers by modernising the definition and criteria for special positions and nonprofit and governmental research organisations exempt from the annual statutory limit on H-1B visas.
An official release said the changes will help U.S. employers hire according to their business needs and remain competitive in the global marketplace. Donald Trump will be the next president of the US after a swearing-in ceremony on January 20.
According to the DHS, the rule also extends certain flexibilities for students on an F-1 visa seeking to change their status to H-1B to avoid disruptions in lawful status and employment authorisation for students holding F-1 visas. It also will allow US Citizenship and Immigration Services (USCIS) to process applications more quickly for most individuals who had previously been approved for an H1-B visa.
It will also allow H1-B visa holders with a controlling interest in the petitioning organisation to be eligible for H-1B status subject to reasonable conditions. The latest move by the outgoing Biden administration builds on its previous efforts to ensure that the labour needs of American businesses are met to reduce undue burden on employers while adhering to all U.S. worker protections under the law.
“American businesses rely on the H-1B visa programme for the recruitment of highly-skilled talent, benefiting communities across the country,” said Secretary of Homeland Security Alejandro N. Mayorkas.
“These improvements to the programme provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation,” he said.
“The H-1B programme was created by Congress in 1990, and there’s no question it needed to be modernised to support our nation’s growing economy,” said USCIS Director Ur M. Jaddou. The changes made in the final rule will ensure that U.S. employers can hire highly skilled workers they need to grow and innovate while enhancing the integrity of the programme, he said.
The DHS said the rule also strengthens the programme's integrity by codifying USCIS’ authority to conduct inspections and impose penalties for failure to comply; requiring that the employer must establish that it has a bona fide position in a speciality occupation available for the worker as of the requested start date.
It clarifies that the Labor Condition Application must support and properly correspond with the H-1B petition; and requires that the petitioner have a legal presence and be subject to legal processes in the courts of the United States. To implement the rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions beginning January 17, 2025, which is the rule’s effective date.
