H-1B Visa New Rules: The US government has announced major changes in the H-1B visa program to be implemented from January 17. There was discussion about this for a long time, which was implemented today.
According to the US government, the purpose of these changes is to ensure fairness, transparency and efficiency in the recruitment of foreign talent in America. Indians are the largest group of H-1B visa holders. Let us tell you that out of the total 386,000 H-1B visas given in the year 2023, 72.3% were given to Indians. Experts say that Indian tech professionals are expected to benefit greatly from these changes.
Emphasis on hiring specialized employees
Let us tell you that the H-1B visa is a temporary visa that allows American companies to hire specialized foreign workers. According to the US Citizenship and Immigration Service (USCIS), the purpose of these reforms is to systematize the visa approval process and make the program easier than before. This will enable companies to hire a skilled team. The US Department of Homeland Security (DHS) has mentioned two main objectives for modernizing the H-1B visa program.
The definition of specialized work has been changed
The definition of specialized work under the H-1B visa program has been changed. Now the US Department of Homeland Security defines the requirement of ‘direct connection with degree’ as ‘logical relationship’. This means that there should be a necessary connection between the applicant’s degree and his job responsibilities. This simply means that the applicant should have a degree related to the job he is applying for.
Students studying in America also got relief
The new rules have also provided relief to students studying in America on F-1 visa. During the review of H-1B visa application, their F-1 visa will automatically be extended till April 1. This will not cause any hindrance in their validity and employment authorization. If an institution is a non-profit or government research institute, then it will get exemption from the limit of H-1B visa. Even if research is not its main work.
In addition, certain beneficiaries who are not directly employed by the eligible organization but spend 50% of their time in furtherance of its purpose will also qualify for this exemption. Now companies applying for H-1B visas will have to prove that they have a ‘specialty job’. The Department of Homeland Security may ask the company for documents to confirm the authenticity of the job.
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