The White House Office of Information and Regulatory Affairs (OIRA) is in the final stages of reviewing sweeping changes to the H-1B visa program, according to Bloomberg Law. This pivotal step marks the conclusion of the regulatory process before the new rules are made public, potentially ushering in a new era for U.S. immigration policies.
The H-1B visa program, a critical pathway for tech companies hiring skilled foreign workers, is on the brink of significant transformation. Last year, the U.S. Citizenship and Immigration Services (USCIS) proposed draft regulations aimed at modernizing the program. These changes included revising eligibility requirements, particularly degree standards, to ensure a more inclusive and equitable system.
What’s Changing in the H-1B Visa Overhaul?
The draft rule (1615-AC70), now under final review by OIRA, introduces several updates aimed at leveling the playing field for applicants and addressing long-standing concerns in the program.
- Revised Lottery System:
The new regulations aim to overhaul the annual H-1B visa lottery system. With a cap of 85,000 visas per year—20,000 reserved for advanced degree holders from U.S. institutions—the updated process will ensure every applicant has an equal opportunity in the selection pool. This reform was finalized in January, just in time for the fiscal 2025 visa lottery. - Cap-Exempt Visa Clarifications:
The proposed rule also offers detailed guidance for cap-exempt visas, streamlining the application process for qualifying employers and workers. - Deference in Extensions:
A significant policy change will grant deference to previous agency decisions when processing visa extension requests, reducing administrative burdens and ensuring continuity for workers and employers alike.
Seasonal Visa Programs See Updates
In parallel, the White House approved new rules for H-2A and H-2B seasonal visa programs, which support agricultural and non-farm seasonal workers. These reforms aim to bolster worker protections and address exploitative practices.
Key highlights include:
- Worker Protections:
Employers found guilty of illegal fees or abuses could face penalties, including a ban of up to four years. - Simplified Administration:
The requirement for annual publication of eligible countries has been removed, streamlining the administration of these seasonal visa programs.
Broader Implications
The finalized regulations for both the H-1B and seasonal visa programs are part of the Biden administration’s efforts to modernize U.S. immigration policies. These changes aim to ensure fair treatment for foreign workers while addressing employer needs across various industries.
Once published, the new rules will reshape how employers and foreign workers navigate the visa process. Employers hiring international talent must prepare for compliance with these updated standards, while workers can look forward to enhanced protections and opportunities.
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