Finally the moment is here as the final rule for modernising the H-1B program and other non-immigrant visas, like the L1 student visa, is issued by the United States Department of Homeland Security (DHS).
Final Rule For H-1B Program
This is the final rule which will be effective beginning January 17, 2025.
This rule will streamline the approval process, improve its flexibility to better allow firms to retain skilled workers, and further enhance the program’s integrity and monitoring.
Its Key modifications include revised criteria for specialty jobs including clarity on qualifying degree areas, automatic cap-gap extensions for F-1 students, and faster processing timelines to help foreign workers move to H-1B status.
As we know, the H-1B Visa Program is a H-1B non-immigrant visa program which enables U.S. employers to hire foreign workers for special occupations.
For this they require advanced specialised knowledge and at least a bachelor’s degree or its equivalent in a related field.
Considering its importance, let’s go through all the details regarding these new H-1B rules as proposed by DHS.
The Key Highlight In the Final Rule
This final rule introduces several modifications aimed at offering greater flexibility for both employers and foreign workers in order to help U.S. companies secure the talent they need to stay competitive globally.
Its key updates include the modernisation of the definitions and criteria for speciality occupation positions.
This is particularly aimed towards nonprofit and governmental research organisations that do not fall under the annual H-1B visa cap.
Rules For Supporting F-1 Visa Students
The rule extends certain flexibilities to assist students holding F-1 visas who wish to transition to H-1B status.
This is aimed towards preventing interruptions in their lawful status and employment authorisation during the transition process.
These updated regulations will allow U.S. Citizenship and Immigration Services (USCIS) to process applications more swiftly for individuals who have previously been granted H-1B visas.
This would not only streamline operations but also boost program efficiency.
In addition to this the beneficiaries with a controlling stake in the petitioning organisation will be eligible for H-1B status, provided they meet reasonable conditions.
Besides this the rule aims to strengthen the program integrity of the H-1B program by clarifying USCIS’ authority to perform inspections and enforce penalties for non-compliance.
For this the employers will be required to demonstrate the existence of a legitimate position in a speciality occupation and this is effective from the requested start date.
The rule also asks that the Labor Condition Application must align with the H-1B petition, and petitioners must maintain legal presence and be subject to U.S. legal processes.
Implementation Timeline
Please note that a revised version of Form I-129, which is used for petitions for nonimmigrant workers, will be mandatory starting January 17, 2025.
There will be no grace period for accepting previous versions of the form and USCIS plans to release a preview of the new Form I-129 on its official website, uscis.gov, before the effective date.
