US Is Making H-1B More Flexible For Startups

The US DHS (department of homeland security), in its spring 2022 schedule, has reiterated its plan to modernize the H-1B programme. They make it more flexible for startups and usher in checks to mitigate any misuse. Also, to its regulatory agenda, the DHS plans to issue a proposed rule to improve the processing of Form I-485.

A reduction in processing time will also benefit India. Moreover, the DHS continues to pursue a proposed regulation to change the definition of the employer-employee relationship and offer flexibility for startup entrepreneurs. It also contains a proposed plan of action to implement new guidelines for site visits, including applicants sponsored by employers.

The H-1B registration process must also be bolstered to reduce misuse and fraud. Though, the revision in rules relating to the 'employer-employee relationship' is not clear. Some scope is expected to enable startups to easily hire H-1B workers.

Proposals relating to the H-1B modernization were originally scheduled for publication in December 2021 but have been rescheduled for May 2023. Public comments are also invited and duly vetted. It takes several months from the date of publication for a proposal to be finally implemented.

A Trump-era proposal to cap H-1B visas based on wages, with priority given to the highest wage earners, has been put on the backburner.