US announces reforms in H-1B visa norms in relief for employers, students

The US has rolled out sweeping reforms to its H-1B visa program, offering employers more flexibility and addressing labor needs in key sectors.

The United States’ Department of Homeland Security (DHS) on Tuesday announced the new set of rules, which will take effect from mid-January. The changes come a month before US President Joe Biden demits office.

The changes are primarily expected to streamline the approval process, provide more flexibility for employers, and address labor needs, benefiting US businesses, the DHS said in a statement.

The updates include new pathways for F-1 students transitioning to H-1B status, faster processing for previously approved applicants, and expanded eligibility for workers with a controlling stake in the petitioning organization, the DHS said.

“American businesses rely on the H-1B visa program for the recruitment of highly-skilled talent, benefiting communities across the country,” secretary of homeland security Alejandro N. Mayorkas said, adding, “These improvements provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation.”

The reforms also modernize the definition of “specialty occupations” and clarify eligibility for cap-exempt organizations, particularly non-profits and government research institutions.

The rule addresses the growing demand for skilled workers, particularly in sectors where US companies rely heavily on foreign talent.

The move is likely to benefit Indians, who last year made up over 70% of the H-1B visa holders.

At present, the annual cap for H-1B visas is 85,000, with 65,000 for regular applicants and 20,000 for those with an advanced US degree.

However, certain non-profits and government institutions are exempt from this cap. The DHS has clarified the criteria for these exemptions.