H-1B visa overhaul gets White House nod, providing big relief for international students, entrepreneurs
USCIS) has introduced sweeping reforms to the H-1B visa program, refining eligibility standards and offering new flexibility to both employers and skilled foreign workers.
The regulations, finalized on Tuesday, reintroduce a “prior deference” policy for visa extensions and address long-standing concerns regarding the program's integrity and accessibility.
Key Changes in the H-1B Regulations
1. Prior Deference for Extensions: The regulations codify a “prior deference” policy, streamlining the renewal process for previously approved H-1B visas. This policy, dropped by the first Trump administration, had led to significant delays in visa processing.
2. Specialty Occupation Redefined: The updated rules revise the definition of “specialty occupation,” requiring that degree fields directly align with the job’s responsibilities, ensuring clearer eligibility criteria.
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3. Nonprofit and Government Research Flexibility: Nonprofit and government research organizations now have greater flexibility in qualifying for cap-exempt H-1B visas. The new rules recognize research as a “fundamental activity,” rather than requiring it to be the organization’s primary mission.
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