While under the current Biden administration, the processing of H-1B Visas has become easier, there is no proposal to raise the annual cap on the H-1B Visa category. Instead, President Biden is looking for ways to grant additional permanent residence visas to foreign workers.
The Biden administration is currently working with lawmakers to raise the annual cap on the available employment-based visas that allow the holders to apply for US permanent residence.
The House Reconciliation Bill currently being discussed in Congress also includes a provision to allow unused Green Cards in a fiscal year to be transferred to the next fiscal year. If this bill is successfully passed, it will allow thousands of H-1B Visa workers to apply for Green Cards.
How Has the H-1B Visa Been Affected?
Under the Trump administration, the overall approval rate of the H-1B Visa in 2018 was 84.5%. Ever since President Biden came to office, the approval rates have shot up to 96.8% and 98.1%, respectively for the first 2 quarters of this fiscal year. This increase can be attributed to a combination of factors. The denial rates under the Trump administration increased due to changes in certain visa rules. However, IT service vendors sued the government in the federal court and won, costing the administration to overturn many visa denials.
One such rule that was overturned that had a major impact was the requirement for US employers to identify a foreign worker’s entire journey for the duration of their visa.
