H-1B
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The new year promises a rollercoaster ride for anyone keeping tabs on the U.S. immigration policy. From a lottery revamp to skyrocketing fees and potential degree restrictions, the H-1B landscape is set for a major makeover. Immigration experts have hinted that 2024 will be a year of significant shifts and uncertainties.
This article discusses some key issues concerning the H-1B visa this year.
The current H-1B selection process often involves multiple registrations for the same individuals, creating administrative inefficiencies. To remedy this, USCIS had proposed directly selecting beneficiaries, streamlining the process and minimizing the risk of qualified candidates going unnoticed. However, this shift hinges on a clear definition of “specialty occupations”, as the proposed rule introduces stricter criteria.
The revised definition may exclude individuals whose degrees do not perfectly align with their intended job titles. This could disproportionately impact fields like marketing and finance, where relevant expertise can be gained through experience and complementary coursework beyond a specific degree title. Such narrowing also clashes with the Biden administration’s focus on attracting AI talent, as many AI professionals may not hold degrees explicitly labeled as "AI".
Amidst proposed changes to the H-1B program in 2024, a surge in fees emerges as a significant point of tension. USCIS’s proposed rule envisions substantial cost increases for employers, including a potential $600 Asylum Program Fee accompanying certain visa petitions and a staggering 2,050% hike in the H-1B Electronic Registration Fee from $10 to $215. While acknowledged as seemingly “exorbitant” by USCIS itself, this move could necessitate an additional $100 million annually from employers. Beyond H-1B, L-1 and O-1 petitions would also encounter substantial fee increases, and adjustment of status fees stand to jump by 130%. This cost burden further compounds the uncertainty surrounding the final rule’s publication in April 2024 and its impact on the upcoming H-1B selection process.
Adding fuel to the fire, USCIS recently announced a final rule inflating the premium processing fees based on which Form I-129 fees would also witness a $305 increase effective February 26, 2024. Steering the immigration system will become increasingly intricate and expensive for companies in the year ahead.
The domestic H-1B visa renewal pilot program initiated by the U.S. Department of State offers a positive development. It accepts applications from January 29 to April 1, 2024, or until slots are filled. Participation is voluntary, and those not meeting the criteria can apply at a U.S. embassy or consulate abroad. Limited to renewals in India and Canada, applicants must use an online navigator tool to assess eligibility, complete form DS-160, pay a $205 MRV fee, and mail documents. The program offers 20,000 slots, released weekly from January 29 to February 26, 2024, on a first-come, first-served basis until filled or April 1, 2024.
While currently limited in scope, it demonstrates a potential path towards simplifying renewals and reducing logistical hurdles for both employers and employees. Expansion of such programs could significantly ease administrative burdens in the future.
2024 promises a complex and dynamic landscape for immigration policy. While reform initiatives aim to streamline certain processes, introducing restrictive measures and legal challenges may present new obstacles. The year will likely see significant shifts in H-1B visas, fee structures, and potential legal precedents.
So, what’s a company to do? As always, staying informed and engaged will be crucial for navigating the intricacies of the U.S. immigration system. Be prepared for potential delays, factor in the increased costs, and consider alternative visa options if needed.
OnBlick is dedicated to closely tracking USCIS developments and will promptly provide the latest H-1B updates as soon as they are released.
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