The H-1B non-immigrant visa is a permit that allows an American employer to employ temporary foreign workers in specialty occupations that require expertise usually acquired through an academic degree. It is one of those programs that other major sectors, such as technology, engineering, and healthcare, rely on to function effectively and help the American workforce attract the best minds from around the world.
Recent developments in the H-1B program
In December 2024, the Department of Homeland Security announced a final rule to improve the H-1B programme. Under this rule, it streamlines processes, increases flexibility for employers to retain talented workers, and enhances programme integrity and oversight.
In addition to these changes, President-elect Donald Trump seemed to express less negativity towards the H-1B visa program compared to his earlier stance. He showed how important this visa program was when he said, “I have many H-1B visas on my property.”
H-1B visa eligibility
For Employers
Speciality occupation: The occupation needs to entail a bachelor’s degree or higher in a particular speciality.
Labour condition application: The employer needs to file an LCA with the Department of Labour, stating wages will be paid to an H-1B worker for US employees similarly employed and working in the company will not be adversely affected by the employment.
Employer-Employee relationship: There has to be in existence an existing employer-employee relationship, valid in law, and the work of such an employee is controlled and supervised by the employer.
To Employees
Qualifications:
The candidate shall have at least a bachelor’s degree or its equivalent in the speciality required.
License:
If the job requires licensure by the state, the employee shall obtain licensure before hiring.
Application process and timeline
H-1B registration (lottery): Employers should electronically register during the designated period, usually in March. If registrations exceed the annual cap, a lottery system determines eligibility to file full petitions.
Labour condition application (LCA): Selected employers will file an LCA with the Department of Labor, which normally gets certified within about seven working days.
Form I-129 petition: Employers, upon approval of LCA, will be filing Form I-129 with the US Citizenship and Immigration Services. The regular processing generally takes a few months, and premium processing, if available for an extra fee, would expedite the decision in 15 calendar days.
Visa stamping: Workers currently outside the United States will have to apply for an H-1B visa stamp at a US embassy or consulate. How long this takes is variable and depends on each person’s situation.
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Processing times
The length of time that the process may take could be from three to nine months, depending on factors like lottery selection, processing speed, and individual case complexity. That is where planning by the employer and employee must come in.
Recent policy changes
There are some changes that the DHS’s final rule brings to the H-1B program:
Simplified approvals: the process has been streamlined to minimise the administrative burden on employers.
Increased flexibility: Employers have increased freedom of movement to retain workers, including provisions allowing an entrepreneur to get H-1B visas via petitioning from their startup.
Increased oversight: Sustain the expanded authority of site visits at worksites by USCIS. This aids in guaranteeing strict adherence to practices like compliance and integrity in programs.
