US H-1B visa: New programme rules to take effect from January 17: Will Indian techies benefit?

Major changes to the H-1B visa program will take effect on January 17, aiming to enhance efficiency in hiring foreign talent in the US.

Major revamps in the highly sought-after H-1B visa are set to take effect from Friday, January 17. A modernised version of the H-1B visa programme aims to ensure fairness, transparency, and efficiency in hiring talent in the United States from overseas.

8th Pay Commission: The updated H-1B visa program aims to improve the efficiency of the program and benefit the employers and employees alike. (Representational Image)

The H-1B is a nonimmigrant visa programme that allows employers in the US to temporarily employ foreign workers in speciality occupations that require highly specialised knowledge. Indians make up the majority of the H-1B visa holders in the US. Indians accounted for 72.3% of the 386,000 H-1B visas in 2023. This means that Indian techies are set to benefit the most from the reforms introduced to the visa programme.

The revamps in the H1-B visa programmes will not only streamline the approval process but also enhance the flexibility of the programme so that employers can retain their talented employees, according to the US Citizenship and Immigration Services.

The purpose of modernising and improving the H1-B visa programme, according to the US Department of Homeland Security is-

-clarifying the requirements of the H-1B programme and improving its efficiency

-providing greater benefits and flexibilities for petitioners and beneficiaries

- strengthening program integrity measures

Key updates to H1-B visa programme-

Revisions

The DHS has made revisions to the definition of ‘speciality occupation’. While the requirement that the degree must be “directly related” to the job will still be in place, the relation will be in terms of “logic connection”.

The DHS has clarified that “directly related” means “there is a logical connection between the degree or its equivalent, and the duties of the position.”

Smoother F-1 to H-1B transition

Students in the US on an F-1 visa seeking to change their visa status to H-1B have good news. While their H1-B visa application is under review, their F-1 visa will automatically extend until April 1 of the relevant year to “avoid disruptions in lawful status and employment authorization.”

Revision in cap-exemption rules

Nonprofit and government research organisations that have research as their “fundamental activity” but not as their main focus will also qualify for H-1B exemptions. Also, certain beneficiaries may qualify for H-1B cap exemption when they are not directly employed by a qualifying organisation, but “still spend at least half of their time providing essential work that supports or advances a fundamental purpose, mission, objective, or function of the qualifying organization.”

Strengthening the H-1B programme

The reforms in the H-1B programme aim to strengthen its integrity to avoid any misuse. The employer petitioning for an H-1B visa will need to prove that a legitimate ‘specialty occupation’ job is available for the beneficiary and the DHS can request documents to confirm the genuinity of the job. The petition also needs to be in line with the Labor Condition Application (LCA) and the petitioner needs to have a legal presence in the US.