Skilled Indian professionals account for a large share of H-1B visa holders in the US, indicating how important this visa program is for them. Now the US has implemented the final rule for H-1B visa from January 17, in which many important amendments have been made.

The US Department of Homeland Security’s H-1B Final Rule has come into effect from Friday (January 17, 2025), modernizing and improving the requirements of this visa program. The updated rules allow highly skilled workers to stay in the US based on their employment status. The updated rule is one of the last immigration policy reforms under the administration of outgoing President Joe Biden. USCIS has said through its website that the H-1B Final Rule modernizes this visa program by streamlining the approval process, increasing flexibility for employers (companies) to retain talented employees, and improving the integrity and oversight of the program.

Indians constitute a significant number of H-1B visa holders. More than 72 percent of the 386,000 H-1B visas issued in 2023 were given to Indians. It is believed that these amendments are likely to benefit Indian technical professionals a lot.

Important changes in H-1B visa rules

The new rule updates the definition of specialty occupation by revising the criteria for eligible positions. It clarifies that a degree requirement is generally, but not always, required and allows a broader range of qualifying degrees, provided they are directly related to the job. The H-1B visa lottery process is to be made more fair. The stricter measures will prevent multiple submissions by organizations, ensuring a more equitable system.

Students with F-1 visas will face fewer challenges when moving to H-1B status. USCIS will expedite H-1B extension applications, reducing delays for employees and employers. Companies can hire H-1B workers based on their specific workforce needs.

Entrepreneurs who own a majority stake in their company can now apply for H-1B visas on their own, provided they meet strict conditions. Site visit authority for USCIS has been enhanced, including inspections at work sites, remote locations, and third-party sites, aimed at preventing abuse. Failure to verify information during an inspection may result in denial or cancellation of an H-1B petition. Research-focused organizations qualify as fringe-exempt under a clear definition in place of earlier vague guidelines.

Updated Form I-129 will be mandatory

For better compliance with the rules, the new updated Form I-129 will be mandatory from January 17, 2025. The purpose of this form is to simplify the petition process. Let us tell you that Form I-129 is officially known as the ‘Petition for Non-Immigrant Worker’. It is a form used by US employers who want to bring foreign workers to the US for temporary employment in various categories.

Apart from this, an important change is also going to happen, H-1B visa holders will soon be able to renew their visas without returning to their country. This is likely to help Indian technical professionals holding H-1B visas in the US.