US Announces Important Changes to Work Visa Program, Gives Date for Implementation

• The new H-1B visa scheme will undergo significant modifications starting on January 17, 2025
• This non-immigrant H-1B visa allows foreign workers to work temporarily in the United States in specific occupations
• A revised Form I-129 that incorporates these changes will be made available by the federal agency United States Citizenship and Immigration Services

Legit.ng journalist Zainab Iwayemi has 5-year-experience covering the Economy, Technology, and Capital Market.

Significant changes about the new H-1B visa program, which will go into effect on January 17, 2025, have been released by the US Department of Homeland Security (DHS).

Foreign workers can temporarily work in the United States in certain occupations with this non-immigrant H-1B visa.

On the same day, the federal agency United States Citizenship and Immigration Services (USCIS) will release an updated Form I-129 that takes these modifications into account.

The program was started with the goal of promoting efficiency, justice, and transparency in the hiring of foreign talent.

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Alejandro N Mayorkas, Secretary of Homeland Security said,

“These improvements to the program provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue advancing American innovation”

Employers, workers, and advisory groups will all gain from the new regulations, which also address long-standing worries about fraud.

The final rule according to Visa Done report will go into effect on January 17, 2025, after it was issued on December 18, 2024.

Key updates to the H-1B visa program

1. Revised criteria for specialized businesses: The term "Special Business" has been defined to guarantee that the eligibility requirements are exact. The educational background of a candidate must now be directly related to the position they are applying for. This modification guarantees that only eligible candidates are qualified and eliminates uncertainty.
2. Updated cap-exempt rules: It is expected that there is no ceiling, thus organizations that are primarily engaged in research, like government research institutions that are non-profit, will now be considered cap-exempt.This expected the potential for research-intensive organizations to hire qualified experts without caps by allowing universities and connected non-profit organizations to apply year-round.
3. Simplified processes: An automatic cap extension that permits entry into the United States will be advantageous to students who switch from F-1 visa to H-1B status. Additionally, USCIS wants to speed up the extension and resolution procedure.
4. Stricter safeguards: Employers who submit a lot of applications for the H-1B lottery will be subject to sanctions in order to avoid exploitation. Better compliance audits will guarantee adherence to regulations, preserve the integrity of the program, and deter fraudulent activity.
5. Entrepreneurs and controlling interest: Entrepreneurs who meet stricter conditions can now obtain an H-1B visa if they own a majority stake in their sponsoring company. The goal of this policy reform is to give entrepreneurs equal access to opportunities. It also stops possible misuse of the visa program.
6. Preventing lottery abuse: More rigorous conditions now apply to entrepreneurs who own a majority stake in a sponsoring company in order to be eligible for an H-1B visa. The goal of this policy change is to provide entrepreneurs with possibilities in a balanced manner. It also guards against misuse of the visa program.
7. Strengthened employer-employee relationship: Nowadays, in order to prove the legitimacy of the employer-employee relationship, employers must present copious amounts of data. Contracts and thorough descriptions of work assignments must be included in this paperwork in order to foster better accountability and protect the visa program from any abuse for unauthorized employment.
8. Digital transformation: To improve safety and efficiency, USCIS intends to use digital technologies to restructure the lottery application process. These developments will enhance work procedures, decrease errors, and increase transparency. In the end, this is advantageous to the business and the candidate.
9. Beneficiary-centric selection: Unique beneficiaries will now be given preference in the updated lottery process over numerous enrollments filed by the same or different companies. This change will lessen the chance of monopoly and guarantee equity and equal opportunity for all applicants.

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Countries with highest US visa rejection rate

Legit.ng reported that the United States Department of State – Bureau of Consular Affairs has released the list of countries with the highest US visa rejection rates.

As reported by the Nation, the list shows that Nigeria has 29% rejection rate, while North Korea and Micronesia have 100% rejection rates respectively.

While countries like Monaco and Liechtenstein boast a rejection rate of 0%, Israel, the UAE, and Saudi Arabia have 3%, 4%, and 5% respectively.

Source: Legit.ng