H-1B Visa Program of USA Modified to Give Flexibility to Employers and International Students

Regarding the management of the H-1B visa program, President Biden's administration has released a 'final rule'. From, January 17, 2025, the 'H-1BModernization Rule' will become operative. Firms in the US can briefly hire international graduates with specialized bachelor's or higher degrees through the highly sought-after H1-B visa route. Every year, the number of applications for H1-B visas exceeds the cap. Every year, about 85,000 are allotted. Jobs in technology, engineering, healthcare, finance, specialized industries, and education (including academics) employ majority of students who acquire an H1-B visa.

There are lot of positives in it for international students. More freedom in determining which degrees qualify graduates for an H-1B visa. Previously, a foreign graduate's degree had to be "immediately related" to the position they hoped to occupy. The issue was that even though a candidate had a degree that would be ideal for the position—for example, an interdisciplinary degree—the individual was not eligible since the degree was not directly related to the job.

Currently, the phrase is 'in a directly related specific specialty', with directly related being defined as a logical connection connecting the degree(or its equivalent) and the responsibilities of the role." Since 'direct' refers to specialized duties inside a profession rather than the work itself, it is clear that the revised wording is meant to make a larger pool of applicants eligible for the H-1B. According to US Citizenship and Immigration Services oversight, if each area is "directly related to the duties of the position," there may be a varying of eligible degree fields. Additionally, USCIS stated that it would be considered whether the noncitizen's actual line of study is directly linked to the duties of the position and would not be concentrating on degree titles.

Among the changes, there is one more welcome change for F1 students. More time to switch from anF-1 visa to an H-1B visa for foreign graduates. In the past, F-1 visa holders occasionally experienced a lapse in their immigration status due to procedural delays for their H-1B petition, which was not their fault. In the spring or summer, most F-1 students finish their courses or associated Optional Practical Training (OPT). They used to have just sixty days to keep their legal status. Those students would have to depart the United States if their H-1B petition was not processed by October 1 of respective year. The F-1 and H-1B visa 'gap' has now been extended till April 1. The 'automatic cap-gap' extension" has been "codified," according to the official USCIS wording for this regulation.

The 'final rule' changing the H-1B program includes provisions allowing immigration officials to apply additional scrutiny to companies and workers, in addition to its goal of making it simpler for American employers to acquire skilled foreign workers. For instance, immigration officials will verify that the firm has areal job opening for the H-1B worker and is not merely filling it up for near future openings it might have.