New rule modernizes, strengthens H-1B Visa program

Employers should expect and prepare for potential disruption of H-1B visa case processing and adjudication after a new H-1B rule goes into effect on January 17, 2025.

The Department of Homeland Security (DHS) has announced a final rule to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities and improve integrity measures.

The amendments include:

• A revised definition of the H-1B specialty occupation;
• Strengthened cap gap protections for F-1 students awaiting a change of status to H-1B;
• Strengthened site visit authority for the US Citizenship and Immigration Services’ (USCIS);
• Clarification of the processes and requirements for amending nonimmigrant petitions; and
• Codification of the agency’s longstanding policy of deference to its prior approvals.

The H-1B nonimmigrant visa program allows US employers to temporarily employ foreign workers in specialty occupations – defined as occupations that require highly specialized knowledge and a bachelor’s or higher degree (or its equivalent) in the specialty.

In announcing the final rule, DHS Secretary Alejandro Mayorkas said, “These improvements to the program provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation.”