The H-1B visa program, a crucial pathway for skilled foreign workers to work in the United States, is about to undergo significant changes. These updates are in the final stages of review at the White House's Office of Information and Regulatory Affairs (OIRA) and will soon be made public.
The U.S. Citizenship and Immigration Services (USCIS) proposed these changes last year. The new rules focus on revising eligibility criteria, particularly the degree requirements for specialty occupation visas, which are most commonly used by the tech industry to hire highly skilled foreign workers.
Key Changes to the H-1B Lottery and Cap
One of the major updates is to the annual H-1B visa lottery system. This change, expected to take effect in the fiscal year 2025, will remove preferences based on higher wage levels, aiming to give all applicants an equal chance. The H-1B visa program has an annual cap of 85,000 new visas, with 20,000 of those reserved for applicants holding advanced degrees from U.S. institutions.
The new regulations propose granting deference to prior USCIS decisions when reviewing visa extension applications, which could simplify the renewal process for foreign workers.
Worker Protections and Seasonal Visa Updates
In addition to H-1B updates, the White House has cleared new rules for worker protections under the H-2A and H-2B visa programs, which cover seasonal workers in agriculture and non-agricultural industries. The proposed changes include stricter penalties for employers who violate worker safeguards, such as charging illegal fees. Noncompliant employers could face bans of up to four years.
Furthermore, a new update removes the requirement to annually publish the list of eligible countries for these visa programs, streamlining their administration.
Impact of These Changes
Once finalized, these changes will likely have a significant impact on both employers and foreign workers. The H-1B visa reforms are part of the Biden administration's broader effort to modernize U.S. immigration policies and protect workers.
Visa Updates
In related news, the U.S. Department of Homeland Security (DHS) has announced a significant change for H-4 and L-2 visa holders. The renewal period for their work permits will be automatically extended from 180 days to up to 540 days starting January 13, 2025. This change is expected to benefit many workers, especially Indian nationals, who make up a large portion of these visa categories. This update will apply to Employment Authorization Document (EAD) renewal applications that are either pending or were filed on or after May 4, 2022.