H-1B Visa Shakeup Increased Fees, New Process, and Data Deletions Explained
New H-1B Visa Rules: How the Changes Affect Employers and Indian Applicants
In a significant move impacting the H-1B visa program, the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) are rolling out notable changes starting Thursday. The adjustments focus on application processing, data management, and increased fees, reshaping the path for American employers seeking to hire nonimmigrant workers.
The H-1B visa program has long been a critical avenue for skilled professionals, particularly from India. According to recent data shared in the Rajya Sabha, over 70% of all H-1B visas issued between October 2022 and September 2023 were granted to Indian workers. These changes will inevitably have a wide-reaching impact, particularly on this demographic.
What Are the New Changes to the H-1B Visa Program?
The Foreign Labor Access Gateway (FLAG), which enables U.S. employers to hire skilled nonimmigrant workers, will now begin deleting records older than five years. This data purge will impact employers who may need historical information for compliance or legal purposes. As advised by the Financial Times, businesses have been urged to download any cases predating this time frame.
Additionally, starting Thursday, all temporary labor condition applications (LCAs) will be eliminated from the FLAG system. Employers must adapt swiftly to avoid disruptions, especially those relying on long-standing records.
Shift to a New Application Process
Under the previous system, multiple employers could submit applications for the same individual, increasing their chances of selection. However, the new approach aims to level the playing field. Each applicant will now receive an equal chance, irrespective of how many employers apply on their behalf. This change is poised to streamline the process, reducing the exploitation of the lottery system.
Furthermore, the registration fee has seen a substantial increase from $10 to $215 per entry. For many small businesses and applicants, this hike may introduce new financial burdens.
Last-Minute Tips for H-1B Visa Applicants
- Secure All Records: Log in to your USCIS account and download all relevant documents. Ensure your employer or legal representative shares their copies.
- Verify Payment Status: Ensure all applicable fees are settled, particularly for FY 2025 or 2026 registrations.
- Use Updated Forms: The new Form I-129 (01/17/25 edition) is mandatory for submissions.
- Stay Informed: Monitor official USCIS alerts for any further updates or clarifications.
Also Read : Indira Bandari: A Microsoft MVP with a Mission to Educate and Inspire