(MENAFN- Live Mint) Major changes to the H-1B visa are scheduled to take effect on Friday, January 17. The new version of the programme is expected to promote fairness, transparency, and efficiency in hiring international talent in the United States.
What is H-1B? How will the new version benefit Indian techies?
The H-1B is a temporary (non-immigrant) visa category that allows employers to petition for highly educated foreign professionals to work in“specialty occupations” that require at least a bachelor's degree or the equivalent. Jobs in fields such as mathematics, engineering, technology, and medical sciences often qualify. Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years.
Regarding the modernised version, US Citizenship and Immigration Services said,“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.”
Every year, thousands of Indian techies move to the US with H1B visas. For FY2023, the Office of Homeland Security Statistics reports that 755,020 people were admitted to the United States in H-1B status. So, the new version is likely to bring major benefits for Indian techies.
H1-B visa: What is the purpose of the revamp?
Clarifying the requirements of the H-1B programme and improving its efficiency.
Providing greater benefits and flexibilities for petitioners and beneficiaries.
Strengthening programme integrity measures.
What are the major changes?Easier F-1 to H-1B Transition
F-1 visa students applying for an H-1B visa will benefit from an automatic extension of their F-1 visa until April 1 of the relevant year. This ensures continuity in lawful status and work authorisation while their H-1B application is under review.
Changes to Cap-Exemption Rules
Nonprofit and government research organisations with research as a "fundamental activity" now qualify for H-1B cap exemptions, even if research isn't their primary focus. Additionally, beneficiaries spending at least 50 per cent of their time on essential work for a qualifying organisation may also qualify for exemptions, even if not directly employed by the organisation.
Reinforcing programme integrity
To prevent misuse, employers must prove the existence of a legitimate "specialty occupation" job for the beneficiary. The DHS may request supporting documents to verify job authenticity. Petitions must align with the Labor Condition Application (LCA), and petitioners must have a legal presence in the US.
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