H-1B Visa Revamp: What Indian Employers and Students Need to Know

A month before handing over power, the outgoing Biden administration announced new rules for H-1B visas. These changes will make it easier for U.S. companies to hire foreign workers with special skills and help international students on F-1 visas transition more smoothly to H-1B visas.

The H-1B visa program has been around for over 30 years and allows foreign students and professionals to work in the U.S. This update is one of President Biden's final actions on immigration and could have a lasting effect on the program. However, it's still unclear how the incoming administration, led by President-elect Donald Trump , will handle these changes.

New H-1B Rules Set to Begin in 2025

The new rules will start on January 17, 2025, just before President Biden leaves office. From that date, applicants will need to use a new form, I-129, to apply for an H-1B visa.

The H-1B visa is very popular, with hundreds of thousands of people applying every year, far more than the 85,000 visas available. Big companies like Amazon , Google, and Tesla are some of the top users of this visa. In 2024, more than 400,000 people applied, showing how competitive it is.

The Department of Homeland Security (DHS) explained that these changes are meant to make the application process faster and better suited to the needs of today’s economy.

Key Changes in the Regulation  

Applicants must demonstrate that their degree field is directly relevant to the job tied to the visa. This measure is intended to reduce misuse of the program.

Immigration officials will now have the authority to defer to prior approvals when processing extension requests, streamlining the renewal process.

The United States Citizenship and Immigration Services (USCIS) will have enhanced authority to conduct workplace inspections to ensure employers comply with H-1B regulations. Non-compliance could result in visa revocations or penalties.

The Interview Waiver Program, commonly referred to as the dropbox system, allows eligible applicants to bypass in-person interviews. The reforms may expand reliance on previous application records, potentially expediting renewals.

Filing fees for H-1B applications

Regular fees are set at $780 for paper submissions and $730 for online applications, with additional fees for specific circumstances. However, small employers and nonprofits benefit from a reduced fee of $460. Other costs, such as those for asylum programs or extra beneficiaries, can further increase the total expense.