Homeland Security Unveils New H-1B Rules To Streamline Hiring For US Employers

The Homeland Security Department on Tuesday announced new rules for foreign workers to help employers fill job vacancies more quickly, while ensuring strong security measures remain in place.

According to the final rule published in the Federal Register, the updates will make the H-1B program more efficient, offer additional benefits and flexibility and strengthen measures to maintain program integrity.

Homeland Security Secretary Alejandro Mayorkas said, "American businesses rely on the H-1B visa program for the recruitment of highly-skilled talent, benefitting communities across the country," the Border Report mentioned.

"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 temporary permits given to foreign workers in specialized fields that need advanced knowledge and degrees. The new rules announced Tuesday include flexibility for different degree titles, recognizing that universities may name programs differently.

They also clarify the requirements for issuing visas to nonprofit and government research organizations. The changes will make it easier for foreign students on F-1 visas in the U.S. to switch to H-1B worker status.

Furthermore, U.S. Citizenship and Immigration Services will speed up application processing and allow eligible beneficiaries to qualify for H-1B status.

On Tuesday, the Joe Biden-led administration also updated H-2B visa requirements. These changes aim to help businesses maintain adequate staffing and prevent temporary labor shortages.

USCIS Director Ur Jaddou shared the importance of updating the H-1B program to support the nation's growing economy, noting that the new rules aim to help U.S. employers hire skilled workers needed for growth and innovation, while maintaining program integrity.

The Department of Homeland Security said that the rules will also formalize USCIS' authority to conduct on-site inspections and penalize companies that violate regulations. Starting Jan. 17, new forms will be required to petition for H-1B visas, with details available through USCIS.

Several Democratic lawmakers have called for changes to the foreign worker visa program, describing it as overly complicated and prone to misuse, according to The Hill.

The bipartisan group FWD.us expressed support for the new rules, highlighting that they address long-standing issues in the H-1B program. The changes allow USCIS to rely on previous decisions for the same employer and employee, reducing repetitive reviews and delays.

They also make it easier for nonprofits and government research organizations to hire specialized workers, fostering collaboration between industry, academia, and government. Moreover, the updates require clear documentation to ensure H-1B roles are not speculative and grant DHS authority to conduct site visits to ensure compliance.

American Immigration Lawyers Association Executive Director Ben Johnson also welcomed the changes, emphasizing their importance in meeting the workforce needs of U.S. employers and supporting innovation and economic growth.