TBA Law Blog


Posted by: Julia Wilburn on Dec 17, 2024

The Biden administration has released a rule “overhauling” the H-1B work visa program with the aim of streamlining the application process and limiting abuse of the program. An article from The Hill highlights the changes, which include clarifying who can apply for an H-1B work visa, expanding the definition of specialty occupation positions, and spelling out the requirements for nonprofit and governmental research organizations to sponsor visas. Of note, the changes impose H-1B eligibility requirements on third-party beneficiaries rather than applicant organizations; codify numerical cap exemptions for research jobs to allow nonprofits and academia to sponsor visas year-round; allow foreign nationals transitioning from a student visa to an H-1B to avoid gaps in employment; and expand the government’s authority to conduct site visits to ensure proper implementation of the visa.