Four ways the United States is planning to change the H-1B visa system

The US Department of Homeland Security (DHS) is set to make significant changes to the H-1B specialty occupation worker program, designed to enable US employers to hire foreign workers skilled in specialized fields. This move is aimed at modernizing the program, simplifying eligibility criteria, and enhancing overall efficiency.

Published by the US Citizenship and Immigration Services (USCIS), the proposed rule seeks to bring multiple benefits and increased flexibility for both employers and workers, while also focusing on strengthening integrity measures to prevent misuse and fraud.

The proposed changes will primarily revise the eligibility requirements for specialty occupation positions. It will clarify that a range of degrees can be considered acceptable, provided there is a direct correlation between the required degree field and the job responsibilities. This clarification aims to reduce any misunderstandings between the public and adjudicators.


In the interest of efficiency, the proposed rule states that adjudicators should generally rely on previous determinations if there have been no changes in the underlying facts. This will simplify the process and eliminate unnecessary repetition.

The changes also offer benefits and flexibility by expanding certain exemptions to the H-1B cap for nonprofit entities, governmental research organizations, and beneficiaries not directly employed by a qualifying organization. Moreover, it provides extended flexibilities for students on an F-1 visa who wish to transition to H-1B status.

Another significant aspect of the rule is its focus on strengthening integrity measures. It prohibits related entities from submitting multiple registrations for the same beneficiary, reducing the risk of misuse and fraud. USCIS will have the authority to conduct site visits, and non-compliance could lead to the denial or revocation of the petition.

To minimize the potential for misuse and fraud in the H-1B registration selection process, the proposed changes introduce a fairer system. Currently, more registrations submitted on behalf of an individual increase their chances of being selected in the lottery. However, the new proposal ensures that each unique individual is entered into the selection process only once, irrespective of the number of registrations submitted on their behalf. This levels the playing field and boosts the likelihood of legitimate registrations being selected.

Additionally, the proposal grants beneficiaries greater freedom to choose from legitimate job offers. Each registrant who submits a registration for a selected beneficiary will have the opportunity to file an H-1B petition on their behalf.

These proposed changes are part of a broader effort to modernize the H-1B program, enhance efficiency, and safeguard the program's integrity. These changes are poised to have a significant impact on both employers and foreign workers, offering greater clarity, flexibility, and fairness in the system.