H-1B Faces Fresh Restrictions After the $100,000 Visa Fee

Let’s take a look at a fresh update on H-1B visa news. After the much-disputed $100,000 fee, which is now mandatory for all companies looking to file an H-1B petition to hire foreign employees, the visa is now witnessing yet another fresh set of reforms. This set of proposals appears in the Federal Register under the title: ‘Reforming the H-1B Nonimmigrant Visa Classification Program’. If you are an H-1B visa aspirant, it is essential that you understand the new technical changes in detail. These technical nuances are going to impact the hiring of Indians significantly. Let us take a zooming glance at them.

The new reforms sweeping the H-1B visa

The proposed change in the definition of ‘specialty occupation’

In its proposed draft, the Department of Homeland Security has announced: “The specialty occupation definition also clarifies that although the position may allow for a range of qualifying degree fields, each of the fields must be directly related to the duties of the position.”

In other words, the definition of ‘specialty occupation’ has now become stricter. The qualifying degree fields now need to have a direct relation to the duties in question. Though the Biden administration was lenient on this issue, the Trump Administration clearly emphasized the need for a direct connection between the degree and the job duty, and not a mere logical one. This would make the laws stricter and restrict who can be hired for which role.

Cap exemptions

The DHS will also embark on a close review of the H-1B employers and determine which employers are likely to be exempt from the annual cap. Previously, this exemption was universally enjoyed by all employers, including NGOs, Universities, and healthcare institutions. They run the risk of staying on the first line of fire to be deprived through the selective exemption process.

Restricting the employment-based green card like O-1A

The current reform will also stop employers from leveraging the O-1A visas and national interest waivers to hire skilled foreigners. However, the EB or EB-1A Visa category still remains at large from the clutches of prohibitions. This is why we encourage the industry experts to explore this visa category to the fullest.

Tightened compliance standards for ‘problematic’ firms

The reform has also proposed stricter compliance standards for firms that have previously violated labour and wage rules.

When all these reforms start to work harmoniously, the H-1B selection process is about to undergo a stricter selection process, and generally a more iron-clad atmosphere.

At GCEB1, we assist extraordinary applicants in exploring employment-based green card alternatives like the EB-1A visa. For personalised suggestions and tailored guidance, we would prefer you to reach out to us directly.