Revision in H-1B visa rules: List of five additional immigration restrictions proposed by the US government on how companies use H-1B visa and who qualifies

The Trump administration recently announced a $100,000 annual fee on H-1B visa applications starting September 21. Now, the US government is planning to bring more changes to the H-1B visa rules . The Department of Homeland Security has published its regulatory agenda recently proposing new changes to the H-1B visa category. Titled “Reforming the H-1B Nonimmigrant Visa Classification Program”, the proposal reads:

“The Department of Homeland Security (DHS) will propose to reform the H-1B program by revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements, among other provisions. These changes are intended to improve the integrity of the H-1B nonimmigrant program and better protect U.S. workers’ wages and working conditions.”

In addition, the DHS has also proposed a rule that could affect employment-based immigrants. Among other things, the proposed rules aims to “update provisions governing extraordinary ability and outstanding professors and researchers; modernize outdated provisions for individuals of extraordinary ability and outstanding professors and researchers; clarify evidentiary requirements for first preference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 classifications, and physicians of national and international renown”.


List of 5 new changes coming to H-1B visa

• Cap exemptions

Currently, universities and their affiliated nonprofit entities, nonprofit research organizations, health organizations, and government research organizations are exempted from the annual H-1B visa cap. DHS plans to narrow the exempted organizations as part of the proposed H-1B visa rules.

• Increased scrutiny for employers

The proposed H-1B visa rules plan to expand scrutiny of companies that were previously found in violation of wage or labor condition rules.

• Increased oversight over third party placements

DHS has also proposed to increase scrutiny of agencies involved in H-1B workers placement at client sites, a practice common in tech and consulting.

• Restricting employment based green cards

DHS also plans to restrict employers using O-1 visas and national interest waivers for high-skilled foreign nationals.

• Defining ‘Especiality occupation’

The Department of Homeland also plans to define ‘Especiality occupation’. In the proposed draft, DHS said “The specialty occupation definition also clarifies that although the position may allow for a range of qualifying degree fields, each of the fields must be directly related to the duties of the position.”