The U.S. Department of Homeland Security (DHS) immigration service (USCIS) announced a new regulation on H-1B work visas on Tuesday (December 17th) local time, and put forward a comprehensive reform plan for the application and approval process of H-1B visas that foreign employees in the United States need to use.

The reform plan simplified the previous approval process. In the statement, DHS said that the new rules will greatly improve the ability of US companies to fill vacancies in key areas, "let employers retain excellent employees", and thus strengthen the US economy.

This new provision will take effect on January 17, 2,025, three days before the departure of the current president of the United States, Joe Biden. From now on, applicants must use the new application form named I-129 to apply for H-1B.

More flexible

According to the data of the U.S. immigration service, in each fiscal year, the immigration service will open 85,000 H-1B places, including 65,000 for applicants with a bachelor's degree and 20,000 for applicants with a master's degree or higher in the United States.

According to the data of the Immigration Bureau, in 2024, more than 400,000 people submitted H-1B applications, but the number of visas issued by the immigration bureau is still only 85,000. According to the information on the USCIS website, at present, the application fee for H-1B on-site submission is $780, the application fee for online submission is $730, and the application fee for small enterprises or non-profit institutions is $460.

According to the statement of DHS, the rules provide a certain flexibility for students with F-1 visas to seek to change their identity to H-1B, so as to avoid interference with the legal identity and employment authorization of students with F-1 visas. According to the new rules, during the application period of identity conversion to H-1B visa for international students with F-1 visa, the validity period of student visa will be automatically extended.

"The H-1B plan was created by the Congress in 1990. There is no doubt that it needs modern reform to support our country's growing economy." Ur M. Jaddou, director of the U.S. immigration service, said, "these improvements in the H-1B program provide employers with more flexibility to hire global talents, improve our economic competitiveness, and allow highly skilled workers to continue to promote innovation in the United States."

In the new regulations, those who apply for H-1B renewal can use the Dropbox system without having to interview with USCIS officials.

In addition, the new rules also add new flexibility to non-profit organizations and government research institutions, allowing them to apply for H-1B visas for their employees that are not subject to the annual quota limit of the Immigration Bureau. According to the new rules, non-profit organizations and government agencies are defined as "basic activities" that are research institutions, rather than the vague definition of "main participation" or "main task" as previously defined.

Retaining talents

Biden announced the reform of the H-1B visa policy with a history of more than 30 years when he was about to leave office for 1 month, which has a great impact on American enterprises relying on H-1B visas and international students who want to stay in the United States after finishing their studies.

"The Biden government's finalization of the H-1B rule will make the H-1B visa program more efficient and predictable, and at the same time enhance the integrity of the program." Todd Schulte, President of FWD.us, an independent immigration policy organization, said in a statement: "among other important updates, the implementation of this rule will enhance the ability of the United States to attract and retain more highly educated talents with skills essential to the future of the United States economy."

As the new term of US President-elect Trump will be opened on January 20th, it also makes the prospect of the new rules just announced by the Biden administration unclear. In June of this year, Trump announced in a campaign that if elected, he would automatically issue a green card to all American college graduates. "Let me tell you that when we lose students from Harvard, the Massachusetts Institute of Technology, the greatest school and other schools, we feel very sad." Trump said, "but what I want to do is also what I will do. If you graduate from University, I think you should automatically get a green card, as part of your diploma, so that you can stay in this country. Anyone who graduates from a university, you stay there for two or four years, or you get a doctorate from a university, you should be able to stay in the United States and work."