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By Dan Gooding
Associate News Editor
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What's New
The Biden administration announced Tuesday that it was overhauling the high-skilled H-1B visa program, aiming to speed up applications and impose penalties on companies abusing the system.
Some immigration advocacy groups and attorneys praised the move, seeing it as a way to make the work-based visa more efficient and predictable, in a system known for its slow pace and complicated filing rules.
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Why it Matters
Changing a system that is over three decades old is one of President Joe Biden's final acts when it comes to legal immigration and, depending on what President-elect Donald Trump does, it could leave a lasting impact on companies that regularly apply for H-1Bs and students seeking to stay in the U.S. after their studies are over.
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What to Know
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 Amazon, Google and Tesla among the largest recipients. In 2024, over 85,000 were approved, but over 400,000 applications were received.
Announcing the visa's overhaul Tuesday, the U.S. Department of Homeland Security (DHS) said it would be easier for employers to fill vacancies and keep workers for longer and students would see smoother transitions from their temporary visas once they were hired.
Some companies and educational institutions are allowed to apply for visas outside the DHS cap, and that allowance was extended to nonprofits and governmental research organizations.
New criteria for approving applications include insisting that degree fields must directly apply to the job linked to the visa application, while immigration officials will be able to defer to previous approvals when an extension application arrives.
The United States Citizenship and Immigration Service (USCIS) now has stronger powers to show up at workplaces and check whether employers are complying with H-1B rules. If they are not, then visas could be revoked or the company penalized.
What people are saying
Todd Schulte, president of FWD.us, a nonpartisan immigration policy group, said in a news release: "We applaud the Biden administration for finalizing the H-1B Modernization rule, which will make the H-1B visa program more efficient and predictable, while also enhancing the program's integrity, among other important updates. Implementing this rule will strengthen the United States' ability to attract and retain more highly educated individuals with skills critical to our country's economic future."
Steven Brown, an immigration attorney, on using previous approvals, sent in a statement to Newsweek: "USCIS has previously had a policy of giving deference to prior approved H-1Bs when there are not material changes. The Trump 1.0 administration got rid of this memo and led to more RFEs. Biden reauthorized deference and is now codifying it in the regulation. I think this helps with processing times when things are status quo on the petition."
Secretary of Homeland Security Alejandro N. Mayorkas said in a 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."
USCIS Director Ur M. Jaddou in a press release: "The changes made in today's final rule will ensure that U.S. employers can hire the highly skilled workers they need to grow and innovate while enhancing the integrity of the program."
What is the H-1B Dropbox Eligibility?
Those applying for H-1B renewals can bypass the need for an interview with a USCIS official by using the dropbox system, known as the Interview Waiver Program.
Applicants are eligible if they have a previously approved visa, no prior denials and meet specific passport and application requirements set out by DHS.
The newly announced overhaul will likely impact the dropbox process if officers are allowed to refer to more previous applications than they were previously.
What are the Filing Fees for H-1B?
Regular fees for H-1B applications are $780 for paper copies and $730 for online applications, plus additional fees. USCIS reduced those fees to $460 for small employers or nonprofits.
Additional costs can reach hundreds of dollars if applicants are applying for an asylum program, need additional beneficiaries, or over half of their workforce is an immigrant worker.
What Happens Next
The new rules will come into effect on January 17, 2025, three days before Biden leaves office. Applicants will now have to use a new application form, called I-129, to apply for an H-1B.
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