The United States is set to make it easier for students who have graduated from accredited US higher education institutions and received a job offer to obtain work-based nonimmigrant visas. On July 15, the US Department of State issued new guidance to consular officers on when to recommend waivers for specific applicants. These changes aim to streamline the process and expedite work visa issuance.
Under this new scheme, applicants who qualify will receive nonimmigrant visas more quickly. The initiative also includes Deferred Action for Childhood Arrivals (DACA) recipients, intending to retain foreign talent in the US. According to the White House, the US administration recognizes the national interest in ensuring that individuals educated in the US can use their skills to benefit the country. By facilitating the employment visa process for graduates with high-skilled job offers, including DACA recipients and other Dreamers, the government hopes to retain valuable talent.
To support this initiative, the Department of Homeland Security has issued clear guidelines for consular officers on recommending waiver grants. Waiver requests are adjudicated by the Department of Homeland Security and US Customs and Border Protection’s Admissibility Review Officer, based on Department of State recommendations.
Applying for a petition-based nonimmigrant work visa
To apply for an H-1B visa or any other petition-based temporary worker visa, the following steps must be followed:
1. The US Citizenship and Immigration Services (USCIS) must first approve a Petition for a Nonimmigrant Worker (Form I-129).
2. Once approved, the employer will receive a Notice of Action (Form I-797) from USCIS.
3. Prospective workers can then apply for a nonimmigrant visa and schedule an interview at a US Embassy or Consulate.
“The US needs to hire more international graduates. Our society is aging, our birthrate is falling, and our own citizens are choosing not to pursue degrees in STEM, healthcare, and services fields,” Alan Goodman, CEO of IIE told The PIE News.
DACA, introduced in 2012 by former President Barack Obama and then-Vice President Joe Biden, protects individuals who arrived in the US as children from deportation. It grants them several benefits, including work authorization. Twelve years on, many DACA recipients are now successful professionals and have established families.
The H-1B visa allows US employers to hire foreign workers with specialized skills for a specific period. It typically requires a bachelor’s degree or equivalent and covers occupations in technology, finance, engineering, and architecture, among others.
STEM education refers to studying Science, Technology, Engineering, and Mathematics with a theoretical and practical approach. STEM graduates are highly sought after, with 75% of jobs in related industries requiring such qualifications.
If the new proposal takes effect, many graduates could benefit. In 2023, the US received 749,461 student visa applications, approving 472,262 of them. Indian students received the highest number of visas, with 134,888 approvals, followed by China, South Korea, Vietnam, and Bangladesh, according to USCIS.
In conclusion, the United States‘ efforts to streamline the process for graduates of accredited US higher education institutions to obtain work-based nonimmigrant visas are a positive step towards retaining valuable talent and supporting the country’s workforce needs. By facilitating the employment visa process for high-skilled individuals, including DACA recipients, the US aims to benefit from the skills and contributions of international graduates in various fields.