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US modernizes H-1B visa program
Key updates streamline hiring for US employers, boost economic competitiveness, and support innovation while addressing longstanding challenges.
File photo of Visa / Courtesy Photo
The Department of Homeland Security (DHS) has officially released a final rule to modernize the H-1B visa program, introducing significant updates to enhance its efficiency, predictability, and integrity.
The H-1B visa program enables US employers to hire foreign workers in specialty occupations requiring specialized knowledge and at least a bachelor’s degree. The newly finalized rule modernizes the program by refining the definition of specialty occupations and expanding criteria for nonprofit and governmental research organizations exempt from annual H-1B caps.
The rule, set to take effect 30 days after publication in the Federal Register, marks a critical step in addressing longstanding challenges within the program and ensuring it aligns with the evolving needs of the US economy and workforce.
Alejandro N. Mayorkas, secretary of Homeland Security, said, “American businesses rely on the H-1B visa program for the recruitment of highly skilled talent, benefitting communities across the country.”
“These improvements to the program provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation,” stated Mayorkas.
US Citizenship and Immigration Services (USCIS) director Ur M. Jaddou also believes that the updates in this final rule will enable US employers to recruit the highly skilled talent essential for growth and innovation while also strengthening the program's integrity.
She added, “The H-1B program was created by Congress in 1990, and there’s no question it needed to be modernized to support our nation’s growing economy.”
Key updates in the H-1B modernization rule
The new rule includes several important changes designed to streamline processes and bolster the program's effectiveness:
U.S. Citizenship and Immigration Services (USCIS) will now defer to prior determinations for the same employer and employee, reducing redundant reviews and delays.
The rule clarifies and simplifies the process for nonprofit and governmental research organizations to hire specialized workers, fostering stronger collaboration between industry, academia, and government.
Employers must provide transparent documentation to ensure H-1B roles are legitimate and non-speculative.
DHS will be able to conduct site visits to verify adherence to program requirements, ensuring greater accountability.
Todd Schulte praises Biden administration
In a statement, Todd Schulte, President of FWD.us (an immigration and criminal justice reform advocacy organization), praised the Joe Biden administration for enacting these updates, emphasizing their potential to strengthen the United States’ ability to attract and retain highly educated individuals with specialized skills. “The finalized rule addresses key issues within the H-1B visa program and introduces thoughtful measures to improve its efficiency and integrity,” Schulte stated.
He also highlighted the broader significance of these updates, noting their potential to serve the US economy better while addressing inefficiencies that have plagued the H-1B program for years. “These changes will make the program more predictable for employers and workers while safeguarding its integrity,” he said.
“There is still time for the Biden administration to advance other popular, bipartisan, and commonsense actions toward fairer immigration and criminal justice systems—including the designation and redesignation of Temporary Protected Status (TPS) to safeguard migrants who cannot return safely to their home countries and additional bold clemency actions to commute outdated, harsh sentences that continue to keep thousands of individuals behind bars.”
“These are commonsense, bipartisan steps that would reflect our values and make our systems fairer,” Schulte added. He believes, “These thoughtful measures will go a long way in improving the H-1B visa program's efficiency and integrity while serving the needs of the US workforce and economy.”
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