US visa and immigration updates for 2024: A guide to H-1B visa reforms expected in the new year
All major updates around US visa and immigration
United States is working towards ushering in huge immigration reforms for the new year. 2024 is expected to witness new policies on H-1B visas and green card backlogs.
Here are H-1B visa reforms expected in 2024
H-1B Lottery changes expected
From March 2024 onwards the H-1B selection process is expected to be changed after the U.S. Citizenship and Immigration Services announced policy changes on October 23, 2023.
USCIS has stated that registrations for FY24 have increased largely due to multiple submissions by the same individual. This happens as under the current policy USCIS uses a lottery when companies file more H-1B applications than the annual limit of 85,000. Due to high volume of these submissions USCIS rejected over 75% of H-1B registrations for FY 2024. Now, it has proposed selecting H-1B registrations by selecting unique beneficiaries. It will use passport information to identify beneficiaries to weed out duplicate entries.
“Under the proposed update to the random selection process, registrants would continue to submit registrations on behalf of beneficiaries and beneficiaries would continue to be able to have more than one registration submitted on their behalf,” according to USCIS. “Selection would be based on each unique beneficiary identified in the registration pool, rather than each registration. Each unique beneficiary would be entered in the selection process once, regardless of how many registrations were submitted on their behalf.”
Special visa for AI
Many experts have opposed Biden government's rule according to which to qualify as a specialty occupation the position must require “A U.S. baccalaureate or higher degree in a directly related specific specialty or its equivalent” for entering the occupation. Attorneys hav warned that language of the interim final rule would stop many talented foreign-born professionals from working in America.
Another provision has labelled business administration as a “general degree” and would not be sufficient to qualify someone for a specialty occupation “without further specialization.” Again, critics feel this language could discourage foreign individuals with master’s in business from attending MBA programs in the United States.
The restrictions in the proposed rule appear incompatible with attracting AI talent and President Biden’s AI executive order issued on October 30, 2023.
H-1B visa and immigration fee increases
USCIS has proposed to raise fees substantially. It would include an Asylum Program Fee of $600 to be paid by employers who file either Form I-129 (Petition for a Nonimmigrant Worker) or Form I-140 (Immigrant Petition for Alien Worker).
USCIS/DHS also proposed to increase the H-1B Electronic Registration Fee for each beneficiary for H-1B petitions by 2050% from $10, established in 2019, to $215. Employers will be expected to pay 70% more for beneficiaries on H-1B petitions, 201% more for employees on L-1 petitions and 129% more for individuals on O-1 petitions. The final rule is expected to be published in April 2024 or later.
Domestic Visa Renewal Pilot Program
The much anticipated pilot program from Indians and Canadian nationals for H-1B visa renewal program will begin from January 29, 2024 onward. Only 20,000 visa holders will be eligible for the program and will not include the dependents of H-1B professionals.
Other DHS Regulatory Actions
DHS stated in its regulatory agenda it would publish a proposed rule on employment-based immigration in August 2024. “The proposed rule would, if finalized . . . modernize outdated provisions for individuals of extraordinary ability and outstanding professors and researchers; clarify evidentiary requirements for first preference classifications, second preference national interest waiver (NIW) classifications, and physicians of national and international renown,” among other changes.