US outgoing government relaxes H1-B visa rules. Here's how it will benefit Indians

The United States' outgoing Biden administration relaxed H-1B visas' rules which will ease the process of hiring foreign workers for companies and will ensure a smoother transition of people from F-1 student visas to H-1B visas.

The Department of Homeland Security (DHS) announced the rules which are aimed at providing more flexibility to employers and workers by changing the definition for special positions and exempting governmental research organisations from the annual statutory limit on H-1B visas.

As per the official release, the change will help US employers hire according to their needs of business and remain competitive on a global scale.

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The new rules will come into effect on January 17, 2025.

Speaking about the new rules, Secretary of Homeland Security Alejandro N. Mayorkas said, “American businesses rely on the H-1B visa programme for the recruitment of highly-skilled talent, benefiting communities across the country."

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“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 added.

Meanwhile, US Citizenship and Immigration Services (USCIS)Director 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."

Here's how it will benefit Indians

The new rule has made it flexible for F-1 visa students to transition to H-1B status. The USCIS will now be able to expedite the application processing of individuals who have received approval for H-1B visa.

The rule is also applicable for beneficiaries who have an interest in petitioning an organisation and permits them to qualify for an H-1B visa under some conditions.

The USCIS has been granted more authority to impose penalties and conduct inspections in case of non-compliance.

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As per the new rule, the employers need to show that they have a legitimate job for the employee from their start date and submit the supporting documentation which aligns with their Labour Condition Application.

H-1B visa petitioners are required to be legally present in the country and comply with all the legal processes.

A new Form I-129, which is a Petition for a Nonimmigrant Worker, has been introduced, which is mandatory with all petitions filed from January 17, 2025.

The employers will use Form I-129 to bring foreign workers for temporary employment in the country.

The new rule will be modernising the definition of speciality occupations and eligibility criteria will be clarified, especially for non-profit and governmental research organisations that have been exempted from the annual visa cap.

(With inputs from agencies)