H-1B visa: How new rules could affect Indian applicants

The United States Citizenship and Immigration Services (USCIS) is on the verge of announcing significant changes to H-1B visa regulations, a move poised to reshape the landscape for employers and professionals, particularly those from India. The new regulations are scheduled for release on July 8, initiating a public commentary period before they become official.

The proposed changes include the introduction of a $4,000 fee for extending H-1B visas and a $4,500 fee for extending L-1 visas. These fees align with the 9/11 Response and Biometric Entry-Exit Fee, which currently applies only to initial visa petitions and changes in employers.

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Initially proposed by the USCIS on October 23 of the previous year, the rule is currently undergoing a 60-day commentary phase. Reports from Forbes indicate that the Biden administration may finalise the rule by the end of this year or after the upcoming election. These changes could disrupt the plans of many Indian H-1B visa holders and prospective applicants, affecting thousands who seek to live and work in the US.

A particularly contentious aspect of the proposed regulations is the redefinition of specialty occupations. The new definition would require that job roles necessitate specific degrees closely tied to the job’s specific specialities. This mirrors a policy from the Trump administration, which faced litigation over concerns that it excluded numerous skilled international professionals. Under the revised definition, individuals with degrees in business administration might be categorised as holding a ‘general degree,’ which could be deemed insufficient for specialty occupation status.

Moreover, the Department of Homeland Security (DHS) is contemplating imposing substantial fees on employers for H-1B and L-1 visa extensions, especially targeting entities with over 50 percent of their workforce on these visas. These visas allow US companies to import skilled talent for specialised roles that are challenging to fill locally, underscoring their importance in the American job market.

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Indians, who hold the highest number of H-1B visas, are likely to be significantly impacted by these proposed amendments. Companies that depend on visa extensions may face sizeable financial ramifications, prompting a reevaluation of their hiring strategies concerning foreign employees.

As the USCIS gears up for the release of these new regulations, the potential impact on both employers and international professionals remains a focal point of discussion. The proposed changes highlight a broader effort to balance the need for skilled foreign labour with the administration’s regulatory goals, setting the stage for a potentially transformative period in US immigration policy.

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