US prepares wider overhaul of H-1B visas

The Trump administration has begun White House review of a new proposal to overhaul the H-1B visa programme, signalling another potentially significant change to the employment route used by thousands of Indian professionals.

The Department of Homeland Security submitted the proposed regulation, titled “Reforming the H-1B Nonimmigrant Visa Classification Program,” to the White House Office of Information and Regulatory Affairs on Monday.

The proposal has been classified as economically significant, meaning it could have an annual economic effect of at least $100 million or materially affect the economy, jobs, productivity, competition or a major economic sector.

The federal regulatory docket lists the measure as a proposed rule under US Citizenship and Immigration Services.

Its detailed provisions have not been made public. The docket does not disclose whether the administration intends to change eligibility standards, employer requirements, wage provisions, the annual selection process or compliance rules.

No legal deadline has been set for completing the White House review.

The review is conducted by the Office of Information and Regulatory Affairs, a unit of the White House Office of Management and Budget that examines significant federal regulations before publication.

The office can approve a proposal, return it to the agency or clear it with changes. The rule’s contents are generally released after the review is completed and the proposal is published in the Federal Register.

Publication would normally open a public-comment period. DHS would then be required to examine those comments before deciding whether to issue a final regulation.

The proposal does not change existing H-1B rules at this stage. Employers and visa holders are not required to take any action merely because the regulation has entered White House review.

The broader overhaul is separate from another USCIS proposal published on Tuesday that would impose an additional $103,265 fee on every cap-subject H-1B petition.

That fee proposal would cover petitions under the regular annual limit and the separate exemption for foreign professionals holding advanced degrees from US universities.

It would not apply to cap-exempt petitions filed by certain universities, governmental research organisations and non-profit research organisations.

The $103,265 charge is also not currently in force. Public comments on that proposal will be accepted until September 24, after which DHS must decide whether to revise, withdraw or finalise the regulation.

The administration is simultaneously reviewing proposed fees for Optional Practical Training, which allows foreign students to work temporarily in fields connected to their degrees.

Another USCIS proposal under review would eliminate the discretionary 60-day grace period that can allow H-1B and certain other foreign workers to remain in the United States after losing their jobs while they seek new employment or change immigration status.

The H-1B programme allows American employers to recruit foreign professionals for speciality occupations requiring specialised knowledge and normally at least a bachelor’s degree or its equivalent. Technology, engineering, finance, healthcare and research are among the sectors that frequently use the programme.

Congress limits new cap-subject H-1B visas to 65,000 annually, with another 20,000 available to people holding advanced degrees from American universities.