NRI PULSE STAFF REPORT
Washington, DC, December 18, 2024: The Department of Homeland Security (DHS) has announced a final rule aimed at significantly enhancing U.S. companies’ ability to fill job vacancies in critical fields, thereby strengthening the economy. This rule modernizes the H-1B program by streamlining the approval process, increasing flexibility to help employers retain talented workers, and enhancing the program’s integrity and oversight. It builds on the Administration’s ongoing efforts to meet the labor needs of American businesses while reducing undue burdens on employers and maintaining robust protections for U.S. workers under the law.
“American businesses rely on the H-1B visa program to recruit highly skilled talent, which benefits communities across the nation,” said Secretary of Homeland Security Alejandro N. Mayorkas. “These program improvements provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and enable highly skilled workers to continue advancing American innovation.”
“The H-1B program, created by Congress in 1990, was overdue for modernization to meet the demands of our growing economy,” said USCIS Director Ur M. Jaddou. “The changes introduced in this final rule ensure that U.S. employers can access the highly skilled workers they need to grow and innovate while strengthening the program’s integrity.”
The H-1B nonimmigrant visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations, defined by statute as roles requiring highly specialized knowledge and a bachelor’s degree or higher in a specific field, or its equivalent. The final rule introduces several key changes to provide greater flexibility for employers and workers:
- Modernized definitions and criteria: Updates the requirements for specialty occupation positions and clarifies eligibility criteria for nonprofit and governmental research organizations exempt from the annual H-1B visa cap.
- Support for F-1 students: Extends certain flexibilities for students on F-1 visas transitioning to H-1B status, reducing disruptions in lawful status and employment authorization.
- Improved efficiency: Streamlines processing for most individuals previously approved for H-1B status and expands eligibility for H-1B beneficiaries who have a controlling interest in the petitioning organization, subject to reasonable conditions.
The rule also enhances the integrity of the H-1B program by:
- Codifying USCIS’ authority to conduct inspections and impose penalties for noncompliance.
- Requiring employers to demonstrate a bona fide specialty occupation position is available as of the requested start date.
- Ensuring the Labor Condition Application (LCA) aligns with the H-1B petition.
- Mandating that petitioners have a legal presence and be subject to U.S. legal processes.
To implement the new rule, a revised edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions starting January 17, 2025, the rule’s effective date. Since there will be no grace period for accepting older form editions, USCIS will soon release a preview version of the updated form on uscis.gov.
This rule builds upon a prior final rule issued in January 2024, which significantly improved the H-1B registration and selection process. Together, these updates mark a major step forward in modernizing the H-1B program to meet the needs of U.S. businesses and the global economy.
