Important: US Announces New H-1B Rules

It is known that the H-1B visa in the US is one of the most sort after visa programs for the Indian community that resides in the country. This is a temporary visa facility that the United States government provides to its companies for hiring non-residents. Now, just days before Donald Trump’s appointment as the 17th President of the country, the government has announced a new modification in the H-1B visa program.

The final rule aims to provide greater flexibilities for employers and workers by modernizing the definition and criteria for specialty occupation positions as well as for nonprofit and governmental research organizations that are exempt from the annual statutory limit on H-1B visas.

The Department of Homeland Security (DHS) announced a final rule that will significantly enhance U.S. companies’ ability to fill job vacancies in critical fields, strengthening our economy.

The new rule modernizes the H-1B program by streamlining the approvals process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program. The rule builds on previous efforts by the Administration to ensure the labor needs of American businesses are met

These changes will help U.S. employers hire the employees they need to meet their business needs and remain competitive in the global marketplace.

The rule also extends certain flexibilities for students on an F-1 visa seeking to change their status to H-1B to avoid disruptions in lawful status and employment authorization for those F-1 students.

To improve program efficiency, the final rule will allow USCIS to more quickly process applications for most individuals who had previously been approved for an H1B visa. It will also allow H1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to reasonable conditions.

Finally, the rule strengthens program integrity by codifying USCIS’ authority to conduct inspections and impose penalties for failure to comply; requiring that the employer must establish that it has a bona fide position in a specialty occupation available for the worker as of the requested start date; clarifies that the Labor Condition Application must support and properly correspond with the H-1B petition; and requires that the petitioner have a legal presence and be subject to legal processes in court in the United States.

In order to implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker will be required for all petitions beginning Jan. 17, 2025, which is the rule’s effective date.