The final H-1B rule introduces additional flexibility for F-1 visa students transitioning to H-1B status, helping them avoid potential disruptions during the process.

The Department of Homeland Security’s final rules for the H-1B and H-2 visa programs will come into effect on Friday, January 17, 2025. These updates aim to modernize and improve the requirements for both H-1B and H-2 nonimmigrant visas.

The H-1B visa program lets U.S. employers hire foreign workers temporarily for jobs in specialized fields. These jobs require advanced knowledge and typically need at least a bachelor’s degree or its equivalent in the specific area of expertise.

The new rule aims to give employers and workers more flexibility by updating the definition and requirements for specialty occupation jobs. It also modernizes criteria for nonprofit and government research organizations that are not subject to the yearly H-1B visa cap.

The rule also provides added flexibility for F-1 visa students transitioning to H-1B status. This helps them maintain their lawful status and work authorization without interruptions.

To make the program more efficient, the final rule will let USCIS process applications faster for most people who were previously approved for an H-1B visa.

The final rule highlights that employers must prove they have a genuine job in a specialized field available for the foreign worker.

On January 17, USCIS will release a new version of Form I-129, Petition for a Nonimmigrant Worker (dated 01/17/25), which includes updates based on two final rules. This updated form will take effect immediately on January 17, with no grace period, as it is essential for implementing the new rules.

The updated H-1B rule simplifies the approval process, makes it more flexible to help employers keep skilled workers, and strengthens the program’s oversight and integrity.

The final H-2 rule improves worker protections by introducing stricter penalties for companies that charge illegal fees or break labor laws. It also offers more flexibility for H-2A and H-2B workers.

Starting January 17, USCIS will reject Form I-129 petitions submitted using the 04/01/24 edition of the form. If you mail a paper Form I-129 before January 17, 2025, USCIS will still accept the 04/01/24 version. However, if the 04/01/24 edition is received on or after January 17, 2025, it will be rejected. After January 17, 2025, USCIS will only accept the 01/17/25 edition of Form I-129.

An important change is the way “specialty occupations” are defined. There are three key points to note: (1) The rules and requirements for a job to be considered a “specialty occupation” have been updated.

It is important to clarify that “normally” does not mean “always” when referring to the criteria for a specialty occupation.

It is clarified that the petitioner can accept various degree fields that meet the qualifications for the position. However, the degree(s) must be directly related to the job responsibilities for the position to be considered a specialty occupation.

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