Biden Administration Modernises H-1B Visa Program to Boost Global Talent
2 Min Read
The Biden administration has announced significant changes to the US H-1B visa programme to streamline approvals, protect international students, and enhance global talent recruitment. The final rule, revealed on 17 December, will come into effect on 17 January 2025.
The rule introduces key measures, including extending protections for F-1 students transitioning to H-1B visas to prevent disruptions in employment authorisation. The Department of Homeland Security (DHS) has also updated the definition of a “specialty occupation” to ensure clarity on eligibility.
“These improvements provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to advance American innovation,” said Alejandro N. Mayorkas, Secretary of Homeland Security.
The move has been widely welcomed by the higher education and business sectors. Miriam Feldblum, Executive Director of the Presidents’ Alliance, called it “a significant step forward” for US employers and international students, particularly with the extension of the “cap gap,” which ensures smoother transitions from student visas to work authorisation.
The programme, however, has sparked concerns over its exclusionary language requiring a “directly related” bachelor’s degree for H-1B eligibility. Critics argue that this definition could exclude graduates with “general degrees” such as liberal arts, limiting their employment opportunities in specialised roles.
Additionally, the rule enhances USCIS site inspection powers, codifies worker protections, and reinstates policies removed during the Trump administration to reduce denials.
The H-1B visa remains one of the most competitive pathways for skilled workers in the US, with 85,000 visas granted in 2024 from over 400,000 applications.
This modernisation aligns with broader Biden administration efforts to retain international talent following the removal of residency restrictions for exchange visa holders from nearly 40 countries earlier this month.
Source: THE PIE NEWS
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