As the H-1B visa program faces potential changes under the Biden administration, companies utilizing this program to hire skilled workers from abroad must be prepared for a more rigorous application process, increased costs, site visits, and enhanced regulation. This program, which offers 85,000 visas annually to highly educated workers with specialized skills, is a crucial avenue for many employers seeking top talent.
With a majority of H-1B visa holders coming from India and China, particularly in the technology sector, it is essential for companies to stay informed and proactive in navigating any potential shifts in the program. The recent modernization of the H-1B rules, effective as of January 17, aimed to make the program more flexible for employers and establish greater oversight tools for compliance.
Legal experts caution that while the modernization rule provides some stability by codifying existing practices, future changes could still be possible. The program has been a point of contention within the Republican party, with differing opinions on its expansion or restriction.
Notable figures like Elon Musk have advocated for expanding the H-1B program, citing the need for skilled engineers that may not be readily available domestically. However, the Trump administration’s initial efforts to reduce H-1B visas resulted in increased denial rates, though these declined as companies contested the decisions.
To prepare for potential changes and challenges in the H-1B program, companies should focus on ensuring compliance with public access files and addressing any issues related to employee relocations. Task forces can be established to manage the worker-sponsorship process, allocate budgets, and anticipate processing delays and increased legal fees.
Moreover, collaboration between legal departments, human resources, and talent acquisition teams is crucial to effectively address any immigration-related questions or issues that may arise. By proactively addressing these considerations, companies can navigate the evolving landscape of the H-1B visa program with greater ease and compliance.
