On December 17, 2024, the U.S. Department of Homeland Security (DHS) has made important changes to the H-1B visa program. This comes as the Biden administration winds down their work. They mean to complete the plan they started 2 years ago. This would mean overhauling the H-1B system and stopping all the fraud with this system.

These H-1B systemic changes will affect how foreign workers apply for and keep their visas. The new rules aim to make the process more modern, fair, and clear. Here are key details explained in simple terms:

1. What Is the H-1B Visa?

The H-1B visa allows foreign workers with special skills to work in the United States. Every year, 85,000 visas go out. This includes 20,000 for workers with advanced degrees. Many of these visas go to people working in technology and other specialized industries. In the past, there was a lot of fraud. For example, people submitted multiple duplicate petitions for the same job. This would increase their chance of selection, and other fraudulent schemes. The H-1B visa program changes aim to eliminate such fraud.

2. Deference to Previous Approvals

Faster time for renewals with the same employer. DHS will now respect prior approvals of H-1B visas if the worker and the job stay the same. This means if you already have an H-1B visa and renew it with the same employer, your application could get approval faster.

3. Tighter Rules for Certain Jobs

The rules for who can qualify for an H-1B visa have become stricter. Before, general degrees like business administration or liberal arts could sometimes qualify. Now, DHS says there must be a clear connection between your degree and your job. For example, a software engineering degree should relate directly to a job in software development. These H-1B visa program changes ensure that the worker’s skills match the job requirements.

4. Changes for Students Moving to the H-1B Visa Program

Good news for foreign students in the U.S.! If you are doing Optional Practical Training (OPT) and want to switch to an H-1B visa, your work authorization will automatically extend. This means you won’t have a gap in your ability to work. These H-1B visa program changes are particularly beneficial for students transitioning from OPT to H-1B.

5. Employers Under More Scrutiny

DHS can now visit employers’ offices to check if they are following H-1B program rules. This means to ensure that companies treat workers fairly and follow the law.

6. Easier Rules for Nonprofits and Research Groups

Nonprofit organizations and research institutions can now get H-1B visas more easily. In the past, these organizations had to prove that research was their main activity. Now, they only need to show that research is one of their main activities. These H-1B visa program changes will help nonprofit organizations and research groups.

7. Lottery Selection Changes for the H-1B Visa Program

The way the H-1B lottery works has also changed. In the past, companies could register multiple times for the same worker, increasing their chances of winning the lottery. Now, only individual workers can be selected, making the process fairer. These changes ensure a more equitable selection process.

8. Public Response to the New Rules

Many people have supported these changes because they make the H-1B program more predictable. However, some have concerns that stricter rules for degrees may exclude qualified workers. The public has reacted with mixed opinions to these changes.

9. Why These Changes Are Important

DHS says these updates will help U.S. companies hire global talent more easily. The goal is to make the U.S. more competitive and to support innovation and growth. Understanding the H-1B visa program changes can help companies navigate the updated system more effectively.

10. What Should You Do?

If you’re an H-1B visa holder or want to apply for one, it’s important to understand these changes. Talk to Shepelsky Law Group‘s knowledgeable immigration lawyers to make sure your application meets the new requirements. These changes could affect your ability to work or stay in the U.S. Knowing the H-1B visa program changes is crucial for all current and future applicants.

The H-1B visa program is a critical path for many skilled workers coming to the U.S. These updates aim to make the system better. It’s always best to stay informed and prepared regarding the H-1B visa program changes.