Biden makes it easier for firms to hire workers with H1-B visa

A month ahead of transferring power, the outgoing Biden administration announced a new set of rules on Tuesday for H-1B visas that makes it easier for American companies to hire foreign workers with special skill sets and facilitate a smoother transition from F-1 student visas to H-1B visas.

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The rule, announced by the Department of Homeland Security (DHS), aims to provide greater flexibility to employers and workers by modernising the definition and criteria for special positions and nonprofit and governmental research organisations that are exempt from the annual statutory limit on H-1B visas. The changes will help US employers hire as per their business needs and remain competitive in the global marketplace, an official release said.

According to the DHS, the rule also extends certain flexibilities for students on an F-1 visa seeking to change their status to H-1B to avoid disruptions in lawful status and employment authorisation for students holding F-1 visas.

It also will allow US Citizenship and Immigration Services (USCIS) to process applications more quickly for most individuals who had previously been approved for an H1-B visa. It will also allow H1-B visa holders with a controlling interest in the petitioning organisation to be eligible for H-1B status subject to reasonable conditions. The latest move by the outgoing Biden administration builds on its previous efforts to ensure that the labour needs of American businesses are met to reduce undue burden on employers.