U.S to implement 10 updates to its work visa program, effective January 17

The United States Department of Homeland Security (DHS) has ten key updates on the new H-1B visa program which will take effect on January 17, 2025.

This H-1B visa is a non-immigrant visa that allows foreign workers to work temporarily in specific occupations in the United States.

United States Citizenship and Immigration Services
The government agency (USCIS) will issue a revised Form I-129 the same day to reflect these changes.

The initiative launched aims to promote fairness, transparency and efficiency in hiring international talent.

“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 advancing American innovation”, Alejandro N Mayorkas,
Secretary of Homeland Security.

The new rules also address long-standing concerns about fraud, benefiting employers, employees and advice groups.

The final rule was published on December 18, 2024, with the effective date being January 17, 2025.

10 key updates to the H-1B visa program

Revised criteria for specialized businesses

The definition of “Special Business” has been clarified to ensure precise eligibility requirements. Employers must now ensure that the educational qualifications a candidate holds are directly linked to their job role. This change reduces ambiguity and ensures that only qualified applicants are eligible.

Updated cap-exempt rules

Organizations primarily involved in research, such as non-profit government research institutions will now qualify as cap-exempt, as it is assumed that there is no limit.

Universities and affiliated non-profit organizations can apply year-round, which increases the opportunity for research-intensive organizations to hire skilled professionals without caps.

Simplified processes

Students who transition from F-1 visa to H-1B status will benefit from an automatic cap extension, which allows them to enter the United States. USCIS also aims to expedite the extension and resolution process.

Stricter safeguards

To prevent abuse, penalties will be enforced against employers who submit large numbers of applications for the H-1B lottery. Improved compliance audits and audits will ensure compliance, maintain program integrity and discourage fraudulent acts.

Entrepreneurs and controlling interest

Entrepreneurs who hold a majority stake in their sponsoring company are now eligible for an H-1B visa if they meet more stringent requirements. This policy update aims to balance the opportunities available to entrepreneurs. At the same time, it prevents potential visa program abuse.

Preventing lottery abuse

Entrepreneurs with a majority stake in a sponsoring company can now qualify for an H-1B visa, however, this is subject to more stringent requirements. This policy update aims to strike a balance in offering opportunities to entrepreneurs. At the same time, it protects the visa program from abuse.

Strengthened employer-employee relationship

Employers are now required to provide extensive documentation to establish the authenticity of the employer-employee relationship. This documentation must include contracts and detailed descriptions of work assignments, promoting greater accountability and safeguarding the visa program from potential misuse for unauthorised employment.

Digital transformation

USCIS plans to leverage digital technology to overhaul the lottery application process and increase safety and efficiency. These advancements will reduce errors, improve transparency and improve work processes.

This ultimately benefits both the applicant and the employer.

Beneficiary-centric selection

The revised lottery process will now prioritize unique beneficiaries rather than multiple enrollments submitted by the same or different employers. This adjustment is designed to ensure fairness and equal opportunity for all applicants and will reduce the risk of monopoly.