This was made known by the US Department of Homeland Security (DHS).
Entrepreneurs who hold a controlling stake in a sponsoring company are now subject to stricter requirements.
Foreigners will also temporarily work in the United States in certain occupations with this non-immigrant H-1B visa.
The program was started with the goal of promoting efficiency, justice, and transparency in the hiring of foreign talent.
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”
The final rule according to Visa Done report will go into effect on January 17, 2025, after it was issued on December 18, 2024.
See key updates to the H-1B visa program below:
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.
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.
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.
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.
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.
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.
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.
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.
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.
Source: www.mynigeria.com
