<p>The US on October 21 announced a list of proposed changes to the H-1B visa programme. The Biden administration said that these proposed changes in the foreign workers programme were aimed at improving efficiency by streamlining eligibility, providing more flexibility to F-1 students, entrepreneurs and those working for non-profit bodies and ensuring better conditions for other non-immigrant workers.</p><p>The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in 'speciality occupations' that require theoretical or technical expertise.</p><p>It is typically issued for three to six years to employers to hire a foreign worker. But H-1B holders who have begun the Green Card process can often renew their work visas indefinitely.</p><p>US tech companies rely heavily on this programme to hire thousands of non-American employees, a majority of whom are Indians and Chinese.</p><p>This proposal is currently public for stakeholders to give their comments and feedback before December 22, 2023.</p><p>US-based author Soundarya Balasubramani, <a href="https://www.ndtv.com/india-news/5-big-changes-as-us-releases-proposed-tweaks-to-h-1b-process-4508357#pfrom=home-ndtv_bigstory">writing</a> for <em>NDTV</em>, listed some of the major changes in the proposed system.</p><p><strong>Automatic "cap-gap" extension</strong></p><p>In a big change for foreign students in the US, the new rule bats for extension of the "cap-gap" provision for F-1 Optional Practical Training to April 1 of the following year or until they receive their H-1B visa, whichever comes first. Currently, this date could be only pushed to October 1.</p><p><strong>Multiple entries barred</strong></p><p>Under the current process, the more registrations that are submitted on behalf of an individual, the higher the chances of that person being selected in a lottery. Under the new proposal, each individual who has a registration submitted on their behalf would be entered into the selection process once, regardless of the number of registrations submitted on their behalf, the Department of Homeland Security said in a statement.</p><p><strong>Increased site visits</strong></p><p>To ensure that chances of fraud are reduced, USCIS will not just conduct more site visits, but they will also be stricter than before. </p><p><strong>Acknowledgement of remote work</strong></p><p>Keeping in mind the changing nature of jobs since the pandemic, the Biden administration has proposed to acknowledge job offers that include telework, remote work, or other off-site work within the United States.</p><p><strong>'Employer-employee' relationship not needed anymore</strong></p><p>The new rule proposes to do away with the requirement of "employer-employee" relationship for founders looking to secure H-1B visas through their own companies. This will make it easier for entrepreneurs to utilise the H-1B program to build and grow their businesses even if they hold half of the company’s ownership.</p><p><strong>Change in definition of 'specialty occupation'</strong></p><p>Under the new rules, a stricter definition would be applied to 'specialty occupations'. The new proposal says that there must be a direct relationship between the required degree field and the position's duties.</p><p>This might lead to an increased number of Requests for Evidence (RFEs) and even denials.</p>.<p><em>(With PTI inputs)</em></p>
<p>The US on October 21 announced a list of proposed changes to the H-1B visa programme. The Biden administration said that these proposed changes in the foreign workers programme were aimed at improving efficiency by streamlining eligibility, providing more flexibility to F-1 students, entrepreneurs and those working for non-profit bodies and ensuring better conditions for other non-immigrant workers.</p><p>The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in 'speciality occupations' that require theoretical or technical expertise.</p><p>It is typically issued for three to six years to employers to hire a foreign worker. But H-1B holders who have begun the Green Card process can often renew their work visas indefinitely.</p><p>US tech companies rely heavily on this programme to hire thousands of non-American employees, a majority of whom are Indians and Chinese.</p><p>This proposal is currently public for stakeholders to give their comments and feedback before December 22, 2023.</p><p>US-based author Soundarya Balasubramani, <a href="https://www.ndtv.com/india-news/5-big-changes-as-us-releases-proposed-tweaks-to-h-1b-process-4508357#pfrom=home-ndtv_bigstory">writing</a> for <em>NDTV</em>, listed some of the major changes in the proposed system.</p><p><strong>Automatic "cap-gap" extension</strong></p><p>In a big change for foreign students in the US, the new rule bats for extension of the "cap-gap" provision for F-1 Optional Practical Training to April 1 of the following year or until they receive their H-1B visa, whichever comes first. Currently, this date could be only pushed to October 1.</p><p><strong>Multiple entries barred</strong></p><p>Under the current process, the more registrations that are submitted on behalf of an individual, the higher the chances of that person being selected in a lottery. Under the new proposal, each individual who has a registration submitted on their behalf would be entered into the selection process once, regardless of the number of registrations submitted on their behalf, the Department of Homeland Security said in a statement.</p><p><strong>Increased site visits</strong></p><p>To ensure that chances of fraud are reduced, USCIS will not just conduct more site visits, but they will also be stricter than before. </p><p><strong>Acknowledgement of remote work</strong></p><p>Keeping in mind the changing nature of jobs since the pandemic, the Biden administration has proposed to acknowledge job offers that include telework, remote work, or other off-site work within the United States.</p><p><strong>'Employer-employee' relationship not needed anymore</strong></p><p>The new rule proposes to do away with the requirement of "employer-employee" relationship for founders looking to secure H-1B visas through their own companies. This will make it easier for entrepreneurs to utilise the H-1B program to build and grow their businesses even if they hold half of the company’s ownership.</p><p><strong>Change in definition of 'specialty occupation'</strong></p><p>Under the new rules, a stricter definition would be applied to 'specialty occupations'. The new proposal says that there must be a direct relationship between the required degree field and the position's duties.</p><p>This might lead to an increased number of Requests for Evidence (RFEs) and even denials.</p>.<p><em>(With PTI inputs)</em></p>