H-1B visa: Sweeping H-1B visa overhaul just one nod away from becoming a reality


The White House Office of Information and Regulatory Affairs is currently reviewing a major regulatory overhaul of the H-1B visa program, marking the final step before it is made public, as per a Bloomberglaw report.

US Citizenship and Immigration Services last year issued draft regulations that modified eligibility standards, including degree requirements, for the specialty occupation visas that are primarily used by tech fields to hire skilled foreign workers. OIRA received the final rule (1615-AC70) Thursday, the report says.

ALSO READ: H-1B spouses rejoice! US will now extend your work permits automatically by up to 540 days

The previously released proposed rule also revamped the annual lottery for the visas, giving each potential beneficiary an equal chance in the selection process. That lottery update was finalised in January ahead of the fiscal 2025 visa lottery. The H-1B program is capped at 85,000 new visas each year.

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The draft regulations also clarified the criteria for cap-exempt visas and introduced a policy that grants deference to prior agency decisions when processing visa extension requests.


ALSO READ: US makes H-1B visa, Green Card pathways easier for international students on J-1 visaIn addition, separate regulations aimed at enhancing worker protections in two seasonal visa programs also passed White House review on Thursday, according to the report.“A rule released in draft form last year (RIN 1615-AC76) targeted illegal fees and other worker abuses in the temporary H-2A and H-2B visa programs for agricultural and non-farm seasonal workers, respectively. Proposed regulations included bans of up to four years for employers found in violation of worker safeguards.”

ALSO READ: US reaches H-1B visa Cap for FY 2025; If you’re an applicant, look out for these next steps

The proposal also dropped a mandate for annual publication of countries eligible for the seasonal visa programs, the report says.



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