U.S. H1B Visa Program 2024: Expectations and Implications

The U.S. employment immigration landscape is poised for a seismic transformation, and the H-1B visa program lies at the epicenter of this evolution. 

As a vital pathway for U.S. employers to bring in skilled foreign workers, the H-1B visa program plays a crucial role in filling specialized roles that may be challenging to fill domestically.

While the program's popularity is evident, in 2023, we saw a surge in political demands, prompting a closer look at the H-1B visa program's policies, processes, and eligibility criteria.

In response to increasing candidate fraud, rising demands for domestic talent, and heightened scrutiny of visa requirements, the United States has undertaken a stringent reassessment of the program. These come amidst the call for significant changes to the visa program, while others are seeking an increase in applicants for needed skills.

In December 2023, the United States Citizenship and Immigration Services (USCIS) announced that the required number of petitions for the fiscal year 2024 had been met. Both the regular cap of 65,000 and the master’s cap of 20,000 for advanced degree exemptions were successfully fulfilled. Moreover, the USCIS is all set to hike the program's registration fee; if approved, the visa fee may go up by over 2,000% starting January 2024!

The Biden administration has proposed alterations to combat fraud and redefine specialty occupation criteria. This could potentially heighten compliance measures and increase costs for employers. For varying reasons, more and more employers are eliminating college degree requirements for some of their positions. While dropping this requirement will allow employers more flexibility in considering applicants, it will have a major impact on the future of H-1B visa and EB-2 and EB-3 (Professional) green card categories. A proposal to change the H1B Lottery process is also on the card.

Read the January 2024 edition of HR Legal & Compliance Excellence magazine, as we delve into the significant transformations awaiting the U.S.'s H-1B visa program in 2024.

In Considering H-1B Sponsorship in 2024? Here’s What Employers Need To Know. George Ernst, Partner at Hall Booth Smith, P.C. offers employers a comprehensive roadmap to navigate intricate procedures, understand legal requirements, and anticipate potential challenges in the visa requirements.

Karyn Rhodes, VP of HR Services at isolved, in Immigrant Workers: 9 Things Small Employers Need To Know, shares insights into fostering a diverse and harmonious work environment.

Also, read James G. Aldrich's, from Dykema, How Immigrant Workers May Be Affected By The Elimination Of Degree Requirements, and Katherine Loranger's, from Safeguard Global, Don’t Let Candidate Fraud Keep You From Hiring Globally, among other columns, to learn how to build a compliant workforce in 2024.

We hope the columns featured in this edition of HR Legal & Compliance Excellence magazine will guide you through the intricate web of regulations, application processes, and evolving policies of the H1B visa program and help you understand their implications.

Employers will need all the help to overcome the challenges that economic and political fronts will throw at them in 2024.

Stay informed. Stay compliant.

Happy Reading!
 

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