US Proposes Major Changes To H-1B Visas (Image: pixabay)

The US Department of Homeland Security (DHS) has recently disclosed a transformative change in the H-1B visa system, which could also affect Indian professionals and students in the US. The proposal aimed at modernizing the program as well as to hinder fraud activities. It will introduce amendments to the selection process, re-draw the eligibility criteria, and will facilitate greater opportunities to the startup founders.

What are H-1B Visas?

• It is a temporary, non-immigrant visa that allows US employers to hire foreign workers in specialty occupations.
• The visa is issued for a maximum of six years in two three-year allotments.
• It is available to positions that require at least a bachelor”s degree in a particular field.
• The minimum salary for H-1B employees varies based on factors like job type, experience, and location.

As the Hindustan Times reports, the alterations in the H-1B visa will bring higher wages for the selected visa holders, “empowering them with a choice among potential employers”. The proposal also,

• Introduces guidelines for voluntary work-site visits.
• Clarifies requirements for filing new visa petitions when employment details changes.
• Focus on whether the organization can be said to be a ‘research organization’ and not more narrowly on whether 50% or more of the organization’s work is research, rather than activities.
• It permits the visa petitioners to qualify as employers even if the H-1B visa recipient holds a majority ownership stake in the business.
• Encourage noncitizen entrepreneurs. Facilitate them with opportunities for innovations. They can also act as beneficial contributors to the US economy.
• It limits the duration of visas sought by beneficiary-owned businesses to 18 months for the initial petition and the first extension. This will maintain the integrity of the system.
• Simplifies the immigration process.
• It attracts global talents.
• Align with Biden’s vision of immigration processes.
• It develops a more equitable, streamlined, and entrepreneur-friendly H-1B visa system.
• Curb fraud activities.
• It will also curb the gaming of the lottery-selection process by each individual beneficiary who has an E-registration submitted on their behalf by a sponsoring employer or employers, would be entered into the selection process only once, regardless of the number of registrations submitted by them.
• It will overlap the current process – the more are the registrations that are submitted on behalf of an individual, higher are the chances that individual will be selected through lottery.
• The proposal make it easier for a foreign national to be sponsored for an H-1B visa by a company which they own.