To bolster the U.S. economy and addressing labor shortages in critical sectors, the Department of Homeland Security (DHS) has announced a final rule modernizing the H-1B visa program.
This development is set to provide American companies with greater flexibility in hiring foreign workers, particularly in specialty occupations that require highly specialized knowledge.
The new rule, which was unveiled by DHS, aims to streamline the approval process for H-1B visas, thereby allowing U.S. employers to more swiftly fill job vacancies with skilled international talent.
"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. He emphasized that these improvements will enhance economic competitiveness and support American innovation.
Key changes include modernizing the definition and criteria for specialty occupation positions, which are essential for nonprofit and governmental research organizations exempt from the annual statutory limit on H-1B visas.
The rule also extends certain flexibilities for students on an F-1 visa seeking to change their status to H-1B, thus avoiding disruptions in lawful status and employment authorization. USCIS Director Ur M. Jaddou remarked, "The changes made in today’s final rule will ensure that U.S. employers can hire the highly skilled workers they need to grow and innovate while enhancing the integrity of the program."
To further improve program efficiency, the rule allows the U.S. Citizenship and Immigration Services (USCIS) to expedite application processing for individuals previously approved for an H-1B visa.
Additionally, it permits H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status under reasonable conditions.
The rule strengthens program integrity by codifying USCIS’ authority to conduct inspections and impose penalties for non-compliance.
Employers must establish that they have a bona fide position in a specialty occupation available for the worker as of the requested start date.
Moreover, the Labor Condition Application must align with the H-1B petition, and the petitioner must have a legal presence in the United States.
Effective January 17, 2025, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions.
This update builds on a previous final rule announced in January 2024, which significantly improved the H-1B registration and selection process.
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