US H-1B Visa Program Enhancements for Efficiency, Flexibility, and Integrity

The Biden administration has recently introduced a series of adjustments to the H-1B program, with the goal of enhancing its effectiveness and adaptability to better serve the evolving requirements of the American workforce.

The new proposals include several key changes:

• Prohibition of Multiple Registrations: Multiple registrations for the same beneficiary will be forbidden to ensure a more equitable selection process. In 2023, more than half of the roughly 800,000 H-1B registrations were duplicative entries, artificially inflating the prospects of certain applicants.


• Elimination of "Employer-Employee" Relationship: The concept of an "employer-employee" relationship will be eliminated, making it easier for entrepreneurs to leverage the H-1B program for the development and expansion of their businesses, even if they own more than 50% of the company.


• Remote Job Offers: A legitimate job offer could encompass telework, remote work, or other off-site work within the United States.


• Automatic Extension of Cap-Gap: Presently, Optional Practical Training (OPT) for F-1 students could only be extended until October 1st. The new rule will automatically extend it until April 1st of the following year or until the H-1B visa is approved, whichever comes first.


• Expanded Exemptions: Certain exemptions to the H-1B cap will be broadened for specific nonprofit organizations or government research institutions, as well as beneficiaries who are not directly employed by a qualifying organization.

 You can find the full announcement from the Department of Homeland Security here. The rule is currently open for public comments until December 22, 2023. Following this period, the Department of Homeland Security will review the feedback and aims to publish a final rule, expected in 2024.

U.S. employers are continuously in search of skilled workers, even during holiday seasons. We encourage you to regularly update your resume and career profiles to stay competitive in the job market.