US companies depend on H-1B visas to hire hundreds of thousands of employees each year from countries like India and China.
New York: The Department of Homeland Security (DHS) has announced a final rule to modernize the H-1B visa program, enabling US companies to fill critical job vacancies more effectively. The updated rule, which takes effect on January 17 next year, will streamline the approval process, provide greater flexibility for employers to retain top talent, and strengthen the integrity and oversight of the program.
This move is likely to benefit Indians as a majority of H-1B visa holders are primarily from there. In 2023, Indians made up 72.3 per cent of the 386,000 H-1B visas issued.
The US Citizenship and Immigration Services (USCIS) said these changes aim to address labor needs in critical fields and enhance the US economy. "American businesses rely on the H-1B visa program for the recruitment of highly-skilled talent, benefitting communities across the country," said Secretary of Homeland Security Alejandro N Mayorkas.
Key updates in the new rule include flexibilities for F-1 visa students transitioning to H-1B status, ensuring continued lawful status and employment. The new rule also permits quicker processing for individuals previously approved for an H-1B visa and extends eligibility to beneficiaries with a controlling interest in the petitioning organization under certain conditions.
Additionally, the new rule strengthens program integrity by codifying USCIS' authority to conduct inspections and impose penalties for non-compliance.