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The Department of Homeland Security has announced significant changes to the H-1B visa program to attract and retain global talent critical to the US economy.
Some shit you should know before you read: If you’re unaware, the H-1B visa is a non-immigrant work visa in the United States designed to allow employers to hire foreign workers in specialty occupations that require highly specialized knowledge and at least a bachelor’s degree or its equivalent. Created by Congress in 1990, the program was established to address skill shortages in fields like technology, engineering, academia, and healthcare, thereby boosting economic innovation and competitiveness. Employers sponsor eligible candidates by filing petitions with the US Citizenship and Immigration Services (USCIS), and visas are allocated annually, subject to a cap of 65,000 visas, with an additional 20,000 reserved for workers holding advanced degrees from US institutions. Due to high demand, a lottery system is often used to allocate visas.
What’s going on now: The Biden administration’s new changes to the H-1B visa program introduce a range of reforms that they say will increase clarity and enhance accessibility for employers and workers. In addition, Nonprofit and governmental research organizations now have greater flexibility to qualify for cap exemptions; instead of requiring research to be the organization’s primary mission, it must now simply be a “fundamental activity,” simplifying the criteria for exempt status. Additionally, entrepreneurs with a controlling interest in companies can now apply for H-1B status under specific conditions, expanding opportunities for foreign innovators.
Another significant change streamlines the visa renewal process by restoring the “prior deference” policy, which reduces redundant reviews for previously approved H-1B visas. To prevent employment gaps, F-1 visa holders transitioning to H-1B visas will now automatically receive extensions of their student visa status during the application process.
