PHARR, Texas (Border Report) — The Department of Homeland Security on Tuesday announced new rules for foreign workers that were met with praise for allowing employers to fill jobs quicker and maintaining strict security oversight.
The new rules will “modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures,” according to the final rule posted in the Federal Register.
“American businesses rely on the H-1B visa program for the recruitment of highly-skilled talent, benefitting communities across the country,” Homeland Security Secretary Alejandro Mayorkas said in a statement. “These improvements to the program provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation.”
H-1B visas are issues temporarily to employ foreign workers in specialty occupations that require specialized knowledge and advanced degrees. The changes announced Tuesday allow for various degree titles, noting some higher education institutions label programs differently, and spells out requirements for visas to be issued to nonprofit and governmental research organizations.
Foreign students in the United States on an F-1 visa who are seeking to change their status to H-1B workers will have an easier time making the switch under the new rules, officials said.
In addition U.S. Citizenship and Immigration Services will be able to more quickly process applications and will allow qualifying beneficiaries to also be eligible for H-1B status.
“There’s no question it needed to be modernized to support our nation’s growing economy,” USCIS Director Ur Jaddou said in a statement. “The changes made in today’s final rule will ensure that U.S. employers can hire the highly skilled workers they need to grow and innovate while enhancing the integrity of the program.”
DHS says the new rules also will codify USCIS’ authority to conduct on-site inspections and impose penalties to companies that don’t comply with regulations.
New forms to petition for H-1B visas will be required starting Jan. 17. A link to the USCIS forms can be found here.
Several Democratic lawmakers have petitioned for changes to the foreign worker visa program, saying it was too complicated and susceptible to abuse, The Hill reports.
The bipartisan political organization FWD.us praised the changes saying it was long overdue.
“The finalized rule addresses longstanding challenges within the H-1B visa program and introduces important updates. It allows USCIS to defer to prior decisions for the same employer and employee, reducing redundant reviews and delays. It simplifies eligibility for nonprofits and governmental research organizations to hire specialized workers, strengthening collaboration between industry, academia, and government. Additionally, the rule requires clear documentation to ensure H-1B roles are not speculative and grants DHS site visit authority to verify compliance,” FWD.us President Todd Schulte said.
“Recognizing the need to update the H-1B visa program, the final rule will help meet the needs of U.S. employers and create additional opportunities for innovation and expansion,” American Immigration Lawyers Association (AILA) Executive Director Ben Johnson said.
“We have been highlighting for the past few years how important these commonsense changes are to ensuring the U.S. has the workforce necessary for success,” AILA President Kelli Stump said.
On Tuesday, the Biden administration also announced changes to the H-2B visa requirements that Johnson said will keep businesses stocked with employees and avoid temporary labor shortages.
“All together, these changes will bolster the integrity of these programs and help both employers and employees navigate what can often be an uncertain amalgam of immigration laws and policies,” Johnson said.
Sandra Sanchez can be reached at [email protected].
