Summary of Key Changes
The United States has recently introduced a series of new regulations regarding H1B and F1 student visas, which systematically raise the barriers for ordinary undergraduate graduates to work in the country. These changes favor the recruitment of highly skilled individuals with higher salaries and advanced degrees (master's or doctoral). The main modifications include:
- For the H1B visa lottery, the selection process has shifted from being purely based on luck to one that takes salary into account; higher salaries result in a greater chance of approval.
- The F1 visa no longer allows for unlimited renewals and now comes with a fixed period of up to 4 years, requiring additional fees for extension.
- The grace period after graduation has also been shortened.
These policies transform the path to staying in the U.S. from one that relies on low costs and chance to one that demands significant investment and demonstrated capability. Families considering studying in the U.S. need to reassess their strategies.
1. H1B Visa Lottery: Higher Salaries Equal More Chances
Previously, the H1B lottery was fair for everyone, but now it is divided into different salary levels, with higher salaries granting more tickets and a greater chance of winning:
- Salary Levels: The Department of Labor has categorized salaries into four levels. Level 1 (for most recent graduates) only qualifies for one ticket, while Level 3 offers nearly three times as many tickets as Level 1.
- Data Highlights: After the new policy, the proportion of applicants with master's degrees or higher who were approved increased from 57% last year to 71.5%, compared to just 17.7% for Level 1 applicants. Many employers find it less worthwhile to apply on behalf of recent graduates, leading to a decrease in applications from 344,000 to 212,000 this year, with the majority of the reduction coming from fresh graduates.
- Regional and Industry Differences: Salary levels are not fixed but depend on one's position within the same industry in the region. For example, a person earning $80,000 per year might be considered Level 2 in Mississippi but only Level 1 in New York. Although the approval rate for computer-related fields has slightly decreased, it still exceeds 70%, while rates for business and finance have increased.
2. F1 Visa: End of Unlimited Renewals
F1 students used to be able to stay in the U.S. indefinitely as long as their I-20 visa was valid. Now, the visa is limited to a maximum of 4 years, and extensions require additional fees.
- No More Automatic Renewals: If you don't win the H1B lottery, obtaining an F1 visa after completing a master's degree does not automatically extend your stay. You must apply for an extension.
- Separation of Visa and Work Permits: Previously, applying for OPT (Optional Practical Training) would automatically extend your visa. Now, OPT and visa extensions are separate processes, and your 4-year stay may end before your OPT expires, forcing you to leave the country.
3. Don't Panic—Most of These Changes Affect You Directly
Don't panic over these new H1B regulations; first, determine if they apply to you:
- $100,000 Fee: This fee only applies to those applying for an H1B directly from abroad. International students already in the U.S. do not need to pay it.
- Raised Salary Threshold for Level 1: The requirement has been raised from the 17th percentile to the 34th percentile of national salaries (up to $97,000), but this is still under public comment and has not taken effect yet.
- Other Proposed Changes: Measures such as canceling automatic EAD extensions and strengthening regulations for third-party placements have not been implemented yet.
- Green Card Waiting Times: The delays for EB2/EB1 visas mainly affect Indian applicants; Chinese students are not currently affected. Fraud investigations target fraudulent employers or intermediaries, so ordinary students do not need to worry.
4. Narrowing Paths to Stay in the U.S.
The new policies make it more difficult for ordinary undergraduate graduates to stay in the U.S., prompting families to reconsider their plans:
- Advanced Education: A master's or doctoral degree is now necessary to increase your chances of approval, as these levels have higher acceptance rates.
- Industry and Location Selection: Prioritize high-paying fields (e.g., computer science, engineering) or regions with lower living costs but higher salary levels (e.g., Mississippi may be more accessible for Level 2 status than New York).
- Increased Costs: Longer study periods (undergraduate + master's) and additional application fees (e.g., $420 per extension) mean you need to carefully weigh the benefits and costs.
- Less Luck, More Planning: You can no longer rely on luck; you must focus on obtaining a high degree and a high-paying job, with each step requiring thorough planning.
In summary, the core change in U.S. immigration policies is the shift from a general approach to a more targeted one. It has become increasingly difficult for ordinary individuals to stay in the U.S. through casual attempts. If you or your family is considering studying in the U.S., you need to consider your goals carefully: do you want to obtain an education, or do you aim to work there? If the latter, you will need to be prepared to pursue a higher degree, choose the right field and location, and be willing to invest more financially. The U.S. has made the costs of staying in the country much clearer.