Hiring foreign workers with H-1B visas made simpler for US firms by Biden admin

Washington: A month before leaving office, the outgoing Biden administration released a new set of H-1B visa guidelines on Tuesday, making it simpler for American companies to acquire foreign workers with unique skill sets and facilitating a smoother transition from F-1 student visas to H-1B visas.

The rule, announced by the Department of Homeland Security (DHS), aims to provide greater flexibility to employers and workers by modernising the definition and criteria for special positions and nonprofit and governmental research organisations that are exempt from the annual statutory limit on H-1B visas.

The changes will help U.S. employers hire as per their business needs and remain competitive in the global marketplace, an official release said.

Donald Trump will be the next president of the US after a swearing-in ceremony on January 20.

According to the DHS, the rule also extends certain flexibilities for students on an F-1 visa seeking to change their status to H-1B to avoid disruptions in lawful status and employment authorisation for students holding F-1 visas.

It also will allow US Citizenship and Immigration Services (USCIS) to process applications more quickly for most individuals who had previously been approved for an H1-B visa.

It will also allow H1-B visa holders with a controlling interest in the petitioning organisation to be eligible for H-1B status subject to reasonable conditions. The latest move by the outgoing Biden administration builds on its previous efforts to ensure that the labour needs of American businesses are met to reduce undue burden on employers while adhering to all U.S. worker protections under the law.

“American businesses rely on the H-1B visa programme for the recruitment of highly-skilled talent, benefiting communities across the country,” said Secretary of Homeland Security Alejandro N. Mayorkas.

“These improvements to the programme provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation,” he said.

“The H-1B programme was created by Congress in 1990, and there's no question it needed to be modernised to support our nation's growing economy,” said USCIS Director Ur M. Jaddou.

The changes made in the final rule will ensure that U.S. employers can hire highly skilled workers they need to grow and innovate while enhancing the integrity of the programme, he said.

The DHS said the rule also strengthens the programme's integrity by codifying USCIS' authority to conduct inspections and impose penalties for failure to comply; requiring that the employer must establish that it has a bona fide position in a speciality occupation available for the worker as of the requested start date.

It clarifies that the Labor Condition Application must support and properly correspond with the H-1B petition; and requires that the petitioner have a legal presence and be subject to legal processes in the courts of the United States.

In order to implement the rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions beginning January 17, 2025, which is the rule's effective date.

With PTI inputs