H-1B visa update: The United States Department of Homeland Security (DHS) issued the final rule for modernising the H-1B program and other non-immigrant visas, like the L1 student visa. This final rule, beginning January 17, 2025, 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. Key modifications include revised criteria for speciality jobs, 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. What is the H-1B Visa Program? The H-1B non-immigrant visa program enables U.S. employers to hire foreign workers for special occupations, which require advanced specialised knowledge and at least a bachelor's degree or its equivalent in a related field. Here's all you need to know about the new H-1B rules as proposed by DHS. Key changes in the final rule: To help U.S. companies secure the talent they need to stay competitive globally, the final rule introduces several modifications aimed at offering greater flexibility for both employers and foreign workers. Key updates include the modernisation of the definitions and criteria for speciality occupation positions, particularly for nonprofit and governmental research organisations that do not fall under the annual H-1B visa cap. Supporting F-1 Visa students: To assist students holding F-1 visas who wish to transition to H-1B status, the rule extends certain flexibilities. This aims to prevent interruptions in their lawful status and employment authorisation during the transition process. Boost program efficiency: To streamline operations, the 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. Additionally, beneficiaries with a controlling stake in the petitioning organisation will be eligible for H-1B status, provided they meet reasonable conditions. Strengthen program integrity: The rule aims to enhance the integrity of the H-1B program by clarifying USCIS' authority to perform inspections and enforce penalties for non-compliance. Employers will be required to demonstrate the existence of a legitimate position in a speciality occupation, effective from the requested start date. Furthermore, 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. What is the implementation timeline? To implement these new regulations, a revised version of Form I-129, which is used for petitions for nonimmigrant workers, will be mandatory starting January 17, 2025. Given that there will be no grace period for accepting previous versions of the form, USCIS plans to release a preview of the new Form I-129 on its official website, uscis.gov, before the effective date.
