H1B visa programme: What are the proposed changes and how it may impact your US plans

The key changes include proposals to amend the selection process to combat fraud, redefine what constitutes speciality occupation for H-1B visa eligibility and give a boost to startup founders by enabling their enterprise to sponsor their work visa.

Each beneficiary who has an E-registration submitted on their behalf by a sponsoring employer or employers, would be entered into the selection process only once, regardless of the number of registrations submitted on their behalf.

With the removal of "employer-employee" relationship which has proven to be a major obstacle, entrepreneurs who control more than 50% of the company can now more easily use the H-1B program to establish and expand their businesses.

The Department of Homeland Security (DHS) has acknowledged that a legitimate job offer may now include telework, remote work, or other off-site work within the United States. This adjustment complies with the growing trend of remote work arrangements.

F-1 Optional Practical Training (OPT) could only be extended through October 1st under the prior arrangement. Under the new regulation, students will be able to prolong it until April 1st of the subsequent year or until they obtain their H-1B visa, whichever comes first.

The duties of the post and the necessary degree field must be directly related, according the new rule. This modification may result in an increase in Requests for Evidence (RFEs) and rejections of worthy applicants.

The proposed rules will be published in the Federal Register on Monday and a 60 day open window will be available for public comments, finalisation and implementation could take several months.