WASHINGTON, D.C. – FWD.us President Todd Schulte issued the following statement today after the Department of Homeland Security (DHS) posted the text of a final rule enacting crucial updates to the H-1B visa program:

“We applaud the Biden administration for finalizing the H-1B Modernization rule, which will make the H-1B visa program more efficient and predictable, while also enhancing the program’s integrity, among other important updates. Implementing this rule will strengthen the United States’ ability to attract and retain more highly educated individuals with skills critical to our country’s economic future.

“The finalized rule addresses longstanding challenges within the H-1B visa program and introduces important updates. It allows USCIS to defer to prior decisions for the same employer and employee, reducing redundant reviews and delays. It simplifies eligibility for nonprofits and governmental research organizations to hire specialized workers, strengthening collaboration between industry, academia, and government. Additionally, the rule requires clear documentation to ensure H-1B roles are not speculative and grants DHS site visit authority to verify compliance.

“These thoughtful measures will go a long way in improving the H-1B visa program's efficiency and integrity while serving the needs of the U.S. workforce and economy. This is an important step forward, but more remains to be done before the presidential transition. There is still time for the Biden administration  to advance other popular, bipartisan, and commonsense actions toward fairer immigration and criminal justice systems – including the designation and redesignation of Temporary Protected Status (TPS) to safeguard migrants who cannot return safely to their home countries and additional bold clemency actions to commute outdated, harsh sentences that continue to keep thousands of individuals behind bars.”

The new rule will take effect 30 days after its publication in the Federal Register.