TBB & United Stateless Advocacy Shapes New H-1B Visa Rules for Refugees and Stateless Individuals

The latest adjustments to the H-1B visa regulations, the go-to visa for U.S. employers to hire college-educated professionals from abroad, now offer a broader approach for applicants like refugees and stateless individuals. These changes, allowing for alternative documentation to passports for registration comes after persistent efforts from Talent Beyond Boundaries (TBB) and United Stateless.

On average, demand for H-1B visas far exceeds the number of visas issued, leading to a lottery for the opportunity to apply. Late in 2023, the U.S. government proposed new restrictions on the process of registering for the lottery. Among other things, U.S. Citizenship and Immigration Services (USCIS) proposed that it would require, to register for the H-1B lottery, the visa beneficiary to provide the passport number that they would use to apply for the visa.

Before those restrictions were final, though, there was an opportunity to comment on the proposed rules. TBB collaborated with United Stateless to offer our thoughts. Together, we expressed concern that this requirement would establish a new obstacle for stateless people and refugees who cannot obtain travel documents.

This week, the U.S. government announced its decision about this policy proposal. In doing so, USCIS directly quoted from our recommendations: 

"A joint comment from two advocacy groups commended USCIS' 'demonstrated concern for stateless individuals' and stated that USCIS should allow individuals to provide a unique identifier other than a passport, accompanied by an explanation of why they cannot obtain a valid passport."

Encouragingly, USCIS also cited interest from members of Congress who also wrote to USCIS:

"A comment from multiple members of Congress recommended that DHS 'create an exception to the passport requirement for stateless individuals and those who are unable to obtain a valid passport due to extraordinary circumstances outside their control'.”

Ultimately, USCIS did provide greater flexibility in the revised H-1B registration process, though it did not adopt the full extent of our recommendations. USCIS will allow H-1B visa beneficiaries to register using valid travel documents, including documents other than passports. USCIS noted that this modification from its proposal is “consistent with the Administration's dedication to promoting access for refugees and stateless individuals” and “intended to narrowly accommodate stateless individuals, refugees, and other individuals who are unable to obtain valid passports."

TBB and USL hoped for stronger access to the important H-1B visa process for people who lack travel documents. TBB and USL note their concern that travel document requirements unreasonably bar refugees and stateless people from pursuing employment-based and other kinds of visas. TBB again points to its recommendations to the Biden administration on ways that the U.S. government can address obstacles that refugees and stateless people face in visa processes.

While noting its concerns, TBB and United Stateless are grateful that their efforts have influenced US government policy to expand access to employment-based for refugees and stateless people beyond USCIS’ original proposed rule.