Biden Administration Revamps Key US Visa Program
Officials from Homeland Security stated that the H-1B visa program is in need of modernization.
The Biden administration has revealed a revision to the criteria for applying for an H-1B work visa, a significant U.S. visa initiative that allows foreign workers to fill specialty roles typically requiring a college education.
Many prominent U.S. tech firms utilize H-1B visas to recruit individuals for positions considered difficult to fill, particularly in fields such as science, technology, engineering, and mathematics.
“The H-1B program was established by Congress in 1990, and there’s a clear necessity for it to be modernized to support the growth of our economy,” stated Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services (USCIS). “The modifications introduced in the final rule are designed to ensure that U.S. employers can attract the highly skilled professionals required for expansion and innovation, while also enhancing the program’s integrity.”
The rule also aims to offer more “flexibilities” for businesses by “updating the definition and criteria for specialty occupation positions, as well as for nonprofit and government research organizations that are exempt from the annual statutory limit on H-1B visas,” as stated by DHS.
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The new rule will also provide increased “flexibilities” for certain students on F-1 visas attempting to transition to H-1B statuses, helping them avoid immigration complications, the agency mentioned.
The DHS regulation will further bolster USCIS’s authority to conduct investigations and impose penalties on individuals or organizations that violate the rule, requiring companies to demonstrate a legitimate specialty job exists for H-1B visa holders.
Additionally, the rule will clarify that the visa petitioner must maintain a “legal presence and be subject to legal proceedings in U.S. courts,” according to the agency’s statement.
“U.S. businesses depend on the H-1B visa program to recruit highly-skilled talent, benefiting communities nationwide,” Mayorkas stated. “These enhancements to the program offer greater flexibility for employers to hire global talent, improve our economic competitiveness, and enable skilled professionals to continue driving American innovation.”
While President-elect Donald Trump, who is set to assume office in just over a month, has proposed extensive immigration reforms including mass deportations of undocumented immigrants, he has expressed openness to automatically granting green cards to foreign students graduating from U.S. institutions.
Earlier this year, during his campaign, Trump stated that immigrants who graduate from American colleges “should receive a green card automatically as part of their diploma to stay in this country,” including those from community colleges.
During the 2016 election, Trump was highly critical of H-1B visas, claiming the program was “very detrimental” and “unfair” to American workers.
“To begin with, I understand the H-1B program very well, and I have utilized it. I believe it should not exist,” he said during a 2016 debate. “Moreover, as a businessman, I must prioritize my responsibilities.”
The Associated Press contributed to this report.
