The H1-B Visa programme in the United States will be undergoing significant changes from March 20 (Thursday) as the Foreign Labour Access Gateway (FLAG) will start deleting old applications from today to pave the way for a new system implemented by the Citizenship and Immigration Services (USCIS).
The H-1B visa, which is a non-immigrant visa, allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Nearly 70 per cent of the 85,000 H-1B visas issued every year are used by Indian professionals.
However, the Donald Trump administration seeks to make the process even more transparent and effective by making these changes. Trump and his close ally Elon Musk are strong supporters of the H1-B visa scheme despite some criticism from the President’s MAGA supporters.
According to a report by the Financial Times, any H1-B record older than five years will be deleted from the system and the employers have been asked to download any case older than five years by March 19. All temporary labour condition applications will be eliminated from the FLAG process on Thursday.
The USCIS will launch a new application process for employees which is deemed to be more fair and equal for all applicants. While employers could file applications for a single individual under the previous system, this would be replaced by a revised system that aims to give all applicants an equal chance, regardless of how many employers file for them.
Under the new system, USCIS will select beneficiaries rather than applications for prospective employees, preventing multiple entries and reducing the advantage of larger firms. It also implements a mandatory online registration to complete an H1-B petition to expedite the application process.
The registration fee for this process has also been hiked significantly, from $10 to $215 per entry.
All temporary labour condition applications such as H1-B, H-1B1, H-2A, H-2B, E-3 and Permanent Labour Certification Applications (PERM) will be affected by this change as older records will be eliminated from the FLAG system.
The new system is expected to ensure that all applicants will have an equal chance of getting selected by reducing the advantage of larger corporations who flood applications for a single individual.
The new system will also increase expenses for employers, which means that businesses will have to choose their employees more carefully. The revised system also promises more efficient application processing by making the process online, eliminating paperwork and reducing time.
The debate over H-1B visas reignited this year as Trump’s fiercest supporters criticised the scheme as being inconsistent with his ‘America First’ policy and said it was helping in replacing American workers.
