Washington, August 26: The Trump administration is moving forward with significant changes to the H-1B visa program. This visa category is utilized by thousands of Indian professionals each year to work in the United States.
The Department of Homeland Security (DHS) submitted a proposed rule titled “Reforming the H-1B Nonimmigrant Visa Classification Program” for review by the White House’s Office of Information and Regulatory Affairs (OIRA) on Monday.
This proposal has been classified as economically significant. This classification indicates that it could have an economic impact of at least $100 million annually or affect the economy, jobs, productivity, competition, or a major economic sector.
According to the federal regulatory docket, this proposal is recorded as a proposed rule under the U.S. Citizenship and Immigration Services (USCIS).
The detailed provisions of the proposal have not been made public. The docket does not specify whether the administration intends to change eligibility standards, employer requirements, wage regulations, annual selection processes, or compliance rules. There is currently no legal timeline set for the White House review.
This review is conducted by the Office of Information and Regulatory Affairs, which is part of the White House’s Office of Management and Budget. This office examines significant federal regulations before they are published.
The office can approve a proposal, send it back to the agency, or approve it with modifications. Information about the rule is typically released after the review is completed and the proposal is published in the Federal Register.
The complete details of the regulations usually emerge after the review is finalized and published in the Federal Register.
Following this, public comments and objections will be solicited. DHS must review these comments before deciding to issue a final rule.
At this stage, there have been no changes to the existing H-1B regulations. Therefore, employers and visa holders do not need to take any immediate action.
This extensive change is separate from another proposal published by USCIS on Tuesday, which would impose an additional fee of $103,265 on every cap-subject H-1B petition.
This fee proposal includes exemptions for petitions under the regular annual cap and for foreign professionals holding advanced degrees from U.S. universities.
It will not apply to cap-exempt petitions filed by certain universities, government research organizations, and non-profit research entities.
Public comments on this proposal will be accepted until September 24. Afterward, DHS will decide whether to amend the regulations, withdraw the proposal, or finalize it.
The administration is also reviewing proposed fees for Optional Practical Training (OPT), which allows foreign students to work for a limited time in fields related to their degrees.
Additionally, another USCIS proposal is under consideration, suggesting the elimination of the 60-day grace period currently granted to H-1B and some other foreign workers after losing their jobs.
This grace period currently allows employees time to find new employment or change their immigration status.
The H-1B program permits U.S. companies to employ foreign professionals who work in specialized knowledge roles and typically hold at least a bachelor’s degree or equivalent qualifications. It is frequently used in sectors such as technology, engineering, finance, healthcare, and research.
The U.S. Congress sets an annual cap of 65,000 new H-1B visas. Additionally, there are 20,000 extra visas available for individuals with advanced degrees from U.S. universities.
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