5 ms·
https://www.federalregister.gov/documents/2024/12/18/2024-29354/modernizing-h-1b-requirements-providing-flexibility-in-the-f-1-program-and-program-improvements
by ziddoap 2y ago
https://www.federalregister.gov/documents/2024/12/18/2024-29354/modernizing-h-1b-requirements-providing-flexibility-in-the-f-1-program-and-program-improvements https://www.federalregister.gov/documents/2024/12/18/2024-29...
The tweet is a super brief summary, reproduced below.
Founders can self petition (& spouses can work)
- Own >50% of the entity, or have majority voting rights
Roles tied to research institutions cap-exempt
- Organizations where fundamental research is a key activity now qualify
- Startups can hire researchers (AI, health, hardware) year-round
Students get seamless transition
- Cap-gap work authorization extended to April 1
- Prevents employment gaps for F-1 OPT to H-1B switch
Faster H1-B transfers for job changes
- Flexibility to start working immediately upon petition filing
Clarification of specialty role
- Less strict on the direct link between degree/job responsibilities
- Recognizes that AI may require multiple academic background
Cracking down on fraud
- Stricter compliance rules
- Employers must demonstrate a bona fide job exists
- Site visit codified: refusal to comply = petition denial
- dang 2y ago(This was originally posted in the other thread https://news.ycombinator.com/item?id=42451271 https://news.ycombinator.com/item?id=42451271, but it's useful here too)
- wooque 2y ago> Founders can self petition Wait, so I can just open LLC and get H1B visa for it? There have to be conditions and limitations, otherwise it will be misused.
- tacker2000 2y agoYea thats what I also thought. Opening an LLC is pretty easy.
- oldpersonintx 2y ago[dead]
- ramarnat 2y agoYou'd still have to comply with the H1-B rules for the job you are petitioning for, like the duties you are performing, the salary requirements etc. And the legal costs of doing the petition. Now, misuse could come if you are independently wealthy and can self fund, but at the end of the day if you are doing that in the US, the economy still benefits.
- shin_lao 2y agoThere are better visas and even green cards if you're wealthy.
- paxys 2y agoExactly. You can literally buy a green card with a ~$500K “investment”. No need to jump through H-1B hoops.
- ramarnat 2y agoThat's more than what you would need if you were hiring for a prevailing wage position.
- diebeforei485 2y agoEB-5 is a onetime payment for a green card (permanent residence). Prevailing wage must be paid every year and you have 60 days to leave when you the company stops paying you.
- ramarnat 2y agoYes, but the prevailing wage threshold would be lower than the investor visa, as will the commitments. The investor visa you have to show a plan, hire people etc.
- cyberax 2y agoIf you're "wealthy", you can immigrate by officially starting a business with just an $80000 investment (E-2 visa). Or you can just buy a green card for a $800000 investment (EB-5).
- deleted 2y ago[deleted]
- admissionsguy 2y agoSo can I now go to SF, set up an LLC, and get the sweet SF dev rates?
- punksatoni 2y ago** Wait, so I can just open LLC and get H1B visa for it? There have to be conditions and limitations, otherwise it will be misused. No, you have to first post a job posting at a low salary, preferably with an in-office requirement in a HCOL city. If you get applicants, give them Leetcode Hard and no one will pass. Then, when no one applies or passes the interview, you claim there is a shortage. Viola!
- i_have_an_idea 2y agoI'm legitimately interested in this. I run a one-man consulting business from the EU. I sometimes hire freelancers. I work with US clients anyway. Does that mean I can open a US llc and move?
- geraldwhen 2y agoI’ll believe it when I see it. Until then, I look forward to teaching H1B recipients to turn on a computer.
- paxys 2y ago> - Site visit codified: refusal to comply = petition denial Wonder how this works for remote-only positions/companies.
- kccqzy 2y agoWhat's the reason for cap-gap extension to April 1? I thought that the government fiscal year starts on October 1, so H-1B statuses take effect on that date and therefore the extension is only needed until October 1. What is the motivation here?
- woodson 2y ago> Roles tied to research institutions cap-exempt > - Organizations where fundamental research is a key activity now qualify > - Startups can hire researchers (AI, health, hardware) year-round That’s a good change. I’ve seen ML researchers (PhDs) who led DARPA funded projects as principal investigator while working for a for-profit company not being selected for H-1B (lottery and cap) and having to leave the US.
- Andrew_nenakhov 2y agoI wonder if it is possible to found a US company and open a bank account for it while being a resident of Russian Federation, and then self-petition yourself for a visa....
- FateOfNations 2y agoEstablishing a company in the US is easy, but you'd have difficulty finding a bank willing to do business with a brand new company with Russian beneficial owners (at least in the current geopolitical climate).
- Andrew_nenakhov 2y agoYeah that's what I thought too. This makes leaving Russia with my business far more difficult.