US eyes making H-1B more flexible for Startups pacing up for Green Card process


In spring 2022 agenda, The US Department of home land security ( DHS) has recapitulated it’s plan to modernize the H-1B programme. They are planning to make the programme more flexible for startups and ushering in checks to mitigate any misuse. DHS plans to issue a proposed rule for improving processing of the Form 1-485 . It is a type of adjustment of status application which are filled by persons such as H-1B workers who are transiting to a green card.

What is the H-1B visa program?

The H-1 B program is applicable to employers who are seeking to hire nonimigrant aliens as workers in speciality occupations or as fashion models on the basis of merits and ability.

What does H-1B visa status mean?

The H-1B is a type of a temporary or nonimigrant visa category that allows  the petition for highly educated foreign professionals to work  in ‘ speciality occupations’. It requires atleast a Bachelor’s or an equivalent degree to do so.

For amending the definition of employer-employee relationship , The DHS department continues to pursue a proposed regulation. The aim is also providing flexibility for startup entrepreneurs.

What is the role of DHS department of United States?

 DHS  stands for Department of Homeland Security. The main role of this department is to protect the country’s borders and to manage the flow of people and products in and out of United States. They also secure Cyberspace and Critical Infrastructure. They also preserve and upload the Nation’s Prosperity and Economic Security.

In  their proposed regulation they have also proposed a plan of action to implement new guidelines for site visits including for applicants and sponsored for employees. These new guidelines are for those whose basic business information can be validated through commercially available date. The registration process of H-1B is also bolstered to mitigate misuse and Fraud. In December 2021,the proposals relating to the H-1B modernisation were originally slated for publication. This proposed rule is currently slated to publish in 2023.


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