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By Dan Gooding
Associate News Editor
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One of the United States' most sought-after and controversial visas, the H-1B, will see sweeping changes Friday, aimed at making it easier for companies to hire and retain foreign workers.
Why It Matters
The new rules around the visa, designed to enable high-skilled workers to remain in the U.S. depending on employment status, are one of the final immigration policy changes under the outgoing Biden administration.
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The H-1B has been a major point of contention between high-ranking members ofPresident-elect Donald Trump's new administration in recent weeks, with Elon Musk arguing in its favor, while others said it takes jobs from American citizens.
What To Know
The Department of Homeland Security (DHS) announced the H-1B would be updated a month ago, claiming it would streamline the approval process, and allow for greater oversight of the program.
The H-1B is one of the most highly competitive visas in the U.S. immigration system's complex catalog, with big tech companies including TikTok parent ByteDance, Amazon, Google and Tesla among the largest recipients. In 2024, over 85,000 were approved, but over 400,000 applications were received.
At the same time, the H-2 program, for temporary agricultural workers, and H-2B, for temporary non-agricultural workers, are also being updated to offer better protections for migrants against employer abuse.
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What is the new rule for H-1B visas?
The updated H-1B includes new rules around who can qualify for the visa, specifically whether they have specialty training or experience to perform the job an employer wants them for.
Applicants—both the employer and the worker—will now need to prove that they hold a degree or similar qualifications matching the job role they are looking to fill. This could mean the individual has such specialized experience that only they could fulfil the role.
The Department of Homeland Security (DHS) said it was also removing certain names for degrees, as these were confusing and often differed across institutions.
Employers also have to prove that they have a specific role which needs to be filled by an H-1B visa holder, rather than speculatively applying for a swathe of visas without stating what roles will be filled.
When will the new rule be implemented?
The new look H-1B starts Friday, January 17, 2025.
It includes an updated application form: the I-129, Petition for a Nonimmigrant Worker, which can now be filed online. Previous versions of the form will not be accepted if filed after January 17.
How will employees benefit from the new rule?
Employees looking to stay in the U.S. on the H-1B will now be able to enjoy faster extension application processing times with the United States Citizenship and Immigration Service (USCIS), DHS has said. If they and their employers can show that they have maintained their immigration status, then USCIS staff can defer to their previous successful application.
Automatic work permit extensions for the spouses of H-1B holders waiting on their renewals will also include more breathing space, with the limit rising from 180 days to 540 days.
Immigrant students, in the country on an F-1 visa, will also have an easier time getting a role with a U.S. company, with USCIS allowing them to work while their H-1B application is pending.
Another benefit will be felt among non-profits and research organizations, which will no longer be subjected to the usual cap on H-1B visas, meaning they will be able to bring in a wider range of talent from around the world.
How will H-1B visas change under Donald Trump's administration?
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Despite some within the Republican Party calling for reduced immigration overall, including through programs like H-1B, Trump appeared to side with those in favor of high-skilled immigration in recent weeks.
The new administration may look to make quick changes to border security, but administrative policies such as the new H-1B rule, years in the making, would be harder to overturn.
Under the previous Trump administration, processing times did rise at USCIS, so this could be a feature of the coming four years.
What is the premium processing time for H-1Bs?
The standard fee to register for the H-1B lottery is $215. After that, larger employers have to pay $780 and smaller companies $460 for each application. These standard applications usually take between three and nine months to process, although this can vary dramatically.
For premium processing, which can see applications determined within as little as 15 days, USCIS charges an additional $2,805.
What People Are Saying
Secretary of Homeland Security Alejandro N. Mayorkas, in a December press release: "American businesses rely on the H-1B visa program for the recruitment of highly-skilled talent, benefitting communities across the country. These improvements to the program provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation."
Independent Vermont Senator Bernie Sanders, in a press release Wednesday: "The main function of the H-1B program is not to hire 'the best and the brightest,' but rather to replace good-paying American jobs with hundreds of thousands of lower-paid guest workers from abroad who are often treated as indentured servants. The cheaper it is to hire guest workers, the more money the multi-billionaire owners of large corporations make."
President-elect Donald Trump, speaking to The New York Post in December: "I've always liked the visas, I have always been in favor of the visas. That's why we have them. I have many H-1B visas on my properties."
What's Next
Employers wanting to apply for H-1Bs are being encouraged by DHS to check the new rules and use updated forms from Friday, January 17. They can also now expect more scrutiny from USCIS, which has been given strengthened powers to carry out workplace inspections to make sure visas are not being abused.
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