H-1B Visa Rule Changes: What Indian Workers Need to Know

New Delhi: The US administration has introduced major changes to the H-1B visa program, effective from January 17. These changes are designed to promote fairness, transparency, and efficiency in hiring foreign talent.

Indians make up the largest group of H-1B visa holders, with 72.3% of the 386,000 visas granted in 2023 awarded to Indian nationals. Experts believe these revisions will greatly benefit Indian tech professionals.

What is H-1B?

The H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers with specialized skills on a temporary basis. The US Citizenship and Immigration Services (USCIS) states that the recent reforms aim to simplify the visa approval process and offer greater flexibility, helping employers maintain skilled teams.

The US Department of Homeland Security (DHS) has set two primary goals for modernizing the H-1B visa program: clarifying the program’s requirements to enhance efficiency and providing greater benefits and flexibility to both petitioners and beneficiaries.

Modification in the Definition of Specialised Work

The definition of specialized work under the H-1B program has been revised. The US Department of Homeland Security now requires a "logical relationship" between the applicant’s degree and job responsibilities, replacing the previous requirement of a "direct relationship."

Relief to F-1 Visa Holders

The new rules provide relief to F-1 visa students in the US by automatically extending their visas until April 1 during the H-1B application review, ensuring no disruption to their legal status or work authorization.

Govt Research Organizations Exempt From H-1B Cap

Non-profit and government research organizations will be exempt from the H-1B cap, even if research is not their primary focus. Additionally, individuals dedicating 50% of their time to advancing the organization’s mission, even if not directly employed, will also qualify for this exemption.

Employers Must Prove Legitimacy of Specialty Jobs

Employers petitioning for H-1B visas must now prove the existence of a legitimate "specialty job." The Department of Homeland Security may request documentation from the company to verify the job's legitimacy.