The Department of Homeland Security (DHS) has introduced a final rule aimed at enhancing the H-1B visa program, which is expected to aid U.S. companies in filling critical job vacancies and bolstering the economy. This rule seeks to modernize the H-1B program by streamlining the approval process, increasing flexibility for employers to retain skilled workers, and improving oversight.
"American businesses rely on the H-1B visa program for the recruitment of highly-skilled talent, benefitting communities across the country," stated Secretary of Homeland Security Alejandro N. Mayorkas. "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."
USCIS Director Ur M. Jaddou emphasized the need for modernization: "The H-1B program was created by Congress in 1990, and there’s no question it needed to be modernized to support our nation’s growing economy." She added that changes in this final rule will help U.S. employers hire necessary skilled workers while maintaining program integrity.
The H-1B nonimmigrant visa allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring specialized knowledge and a bachelor’s or higher degree or its equivalent. The new rule aims at providing more flexibility by updating definitions and criteria for these positions as well as those exempt from annual statutory limits on visas.
Moreover, certain flexibilities are extended for F-1 students transitioning to H-1B status, aiming to prevent disruptions in lawful status and employment authorization. To improve efficiency, USCIS will expedite processing applications for previously approved individuals and make provisions for beneficiaries with controlling interests in petitioning organizations under specific conditions.
To ensure compliance, the rule codifies USCIS' authority for inspections and penalties if regulations are not followed; requires employers prove they have a legitimate position available; clarifies labor condition application requirements; and mandates legal presence of petitioners within U.S. jurisdiction.
Implementation of this rule necessitates a new edition of Form I-129 starting January 17, 2025, with no grace period allowed for previous editions.
This development follows another significant rule announced earlier this year that improved registration and selection processes within the H-1B framework.
