Biden Admin Eases H-1B Program To Hire Foreign Workers With Special Skills Before Trump Takes Over

Joe Biden's administration has made it easier for Indians and other foreign workers with special skills to get hired in the US and facilitated a smoother transition from F-1 student visas to H-1B visas. This comes a month before Donald Trump takes over.

In a release on Tuesday, the Department of Homeland Security announced a final rule that will significantly enhance US companies’ ability to fill job vacancies in critical fields, strengthening its economy.

"The new rule modernizes the H-1B program by streamlining the approvals process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program," the release said. "The rule builds on previous efforts by the administration to ensure the labor needs of American businesses are met, while reducing undue burdens on employers and adhering to all U.S. worker protections under the law."

In order to implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker will be required for all petitions beginning Jan. 17, 2025, which is the rule’s effective date, according to the release. "Because there cannot be a grace period for accepting prior form editions, USCIS will soon publish a preview version of the new Form I-129 edition on uscis.gov," it said.

H-1B nonimmigrant visa program allows US employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require highly specialised knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent.

The new rule aims to provide greater flexibilities for employers and workers by modernising the definition and criteria for specialty occupation positions as well as for nonprofit and governmental research organisations that are exempt from the annual statutory limit on H-1B visas.

"The rule also extends certain flexibilities for students on an F-1 visa seeking to change their status to H-1B to avoid disruptions in lawful status and employment authorization for those F-1 students," the release said. "To improve program efficiency, the final rule will allow USCIS to more quickly process applications for most individuals who had previously been approved for an H1B visa."

Moreover, the rule will also allow H-1B beneficiaries with a controlling interest in the petitioning organisation to be eligible for H-1B status subject to reasonable conditions.