Biden Administration Overhauls H-1B Visa Program

Immigration News

Biden Administration Overhauls H-1B Visa Program
H-1B VisaImmigration ReformBiden Administration
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The Biden administration announced major changes to the H-1B visa program, aiming to streamline the application process and crack down on misuse.

The Biden administration announced Tuesday that it was overhauling the high-skilled H-1B visa program, aiming to speed up applications and impose penalties on companies abusing the system. Some immigration advocacy groups and attorneys praised the move, seeing it as a way to make the work-based visa more efficient and predictable, in a system known for its slow pace and complicated filing rules.

Changing a system that is over three decades old is one of President Joe Biden's final acts when it comes to legal immigration and, depending on what President-elect Donald Trump does, it could leave a lasting impact on companies that regularly apply for H-1Bs and students seeking to stay in the U.S. after their studies are over. The H-1B is one of the most highly competitive visas in the U.S. immigration system's complex catalog, with big tech companies including Amazon, Google and Tesla among the largest recipients. In 2024, over 85,000 were approved, but over 400,000 applications were received. Announcing the visa's overhaul Tuesday, the U.S. Department of Homeland Security (DHS) said it would be easier for employers to fill vacancies and keep workers for longer and students would see smoother transitions from their temporary visas once they were hired. Some companies and educational institutions are allowed to apply for visas outside the DHS cap, and that allowance was extended to nonprofits and governmental research organizations. New criteria for approving applications include insisting that degree fields must directly apply to the job linked to the visa application, while immigration officials will be able to defer to previous approvals when an extension application arrives. The United States Citizenship and Immigration Service (USCIS) now has stronger powers to show up at workplaces and check whether employers are complying with H-1B rules. If they are not, then visas could be revoked or the company penalized

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