H-1B visa overhaul awaits final White House nod. A turning point for Indian Techies’ American Dream?

A comprehensive overhaul of the H-1B visa program is in its final stages of review at the White House Office of Information and Regulatory Affairs (OIRA). This marks the last step before the updated regulations are made public.

The proposed changes, issued by US Citizenship and Immigration Services (USCIS) last year, include significant revisions to eligibility criteria, such as updated degree requirements for speciality occupation visas. These visas are primarily utilized by the technology sector to hire highly skilled foreign workers.

OIRA officially received the final rule (1615-AC70) on Thursday.

Lottery System and Cap Updates

One of the key changes finalized earlier this year pertains to the annual H-1B visa lottery. The revised lottery system aims to ensure equal chances for all applicants by removing preferences based on higher wage levels. This update will be implemented in the fiscal 2025 H-1B visa lottery.

The H-1B visa program maintains an annual cap of 85,000 new visas, with 20,000 reserved for applicants holding advanced degrees from U.S. institutions.

Additionally, the draft regulations clarify qualifications for cap-exempt visas and propose granting deference to prior USCIS decisions during visa extension adjudications, potentially streamlining the renewal process for foreign workers.

In a separate regulatory update, rules addressing worker protections in the H-2A and H-2B seasonal visa programs have also cleared White House review. These programs cater to agricultural and non-agricultural seasonal workers, respectively.

The proposed rule (RIN 1615-AC76), released in draft form last year, includes stricter penalties for employers found violating worker safeguards, such as illegal fees. Employers could face bans of up to four years for noncompliance.

Another change removes the requirement for annual publication of eligible countries for the H-2A and H-2B visa programs, simplifying program administration.

Once the White House review is complete, the finalized H-1B and seasonal visa program regulations will be published, likely impacting employers and foreign workers alike. These updates are part of the Biden administration's broader effort to modernize U.S. immigration policies and ensure worker protections.