DHS Strengthens H-1B Program, Allowing U.S. Employers to More Quickly Fill Critical Jobs

The rule will provide greater benefits and flexibility for U.S. employers and specialty occupation workers, helping to meet America’s workforce needs

washington – Announced by the Department of Homeland Security (DHS) final rule This will significantly enhance the ability of American companies to fill jobs in critical sectors, thereby strengthening our economy. The new rules modernize the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented employees, and improving the program’s integrity and oversight. This rule builds on the Administration’s previous efforts to ensure that the workforce needs of American businesses are met while reducing undue burdens on employers and adhering to all American worker protections under the law.

“American businesses rely on the H-1B visa program to recruit highly skilled talent, benefiting communities across the country,” Homeland Security Secretary Alejandro N. Mayorkas said. “These improvements to the program provide employers with greater flexibility to hire global talent, increasing the competitiveness of our economy and allowing high-skilled workers to continue advancing American innovation.”

“The H-1B program was created by Congress in 1990 and there is no question that it needs modernization to support our nation’s growing economy,” said U.S. Citizenship and Immigration Services Director Ur M. Jaddou. “The changes made in today’s final rule will ensure that American employers can hire the highly skilled workers they need to grow and innovate, while enhancing the integrity of the program.”

The H-1B non-immigrant visa program allows U.S. employers to temporarily hire foreign workers in specialized occupations that, as defined by regulations, require highly specialized knowledge and a bachelor’s or higher degree or equivalent in a specific field. The final rule is intended to provide greater flexibility to employers and workers by modernizing the definition and standards for professional occupation positions and exempting nonprofit and government research organizations from the annual statutory limit on H-1B visas. These changes will help U.S. employers hire the workers they need to meet their business needs and remain competitive in the global marketplace. The rule also provides some flexibility for students holding F-1 visas seeking to change their status to H-1B to avoid disruption to the lawful status and employment authorization of these F-1 students. To increase program efficiency, the final rule will allow USCIS to more quickly process petitions for most individuals who have previously been approved for an H1B visa. It would also allow H1B beneficiaries with controlling interests in the petitioning organization to qualify for H-1B status under reasonable conditions.

Finally, the rule strengthens the program’s integrity by codifying USCIS’s authority to conduct inspections and impose penalties for noncompliance; requiring employers to demonstrate that, as of the required start date, they are employed in a particular occupation suitable for workers Have a real position; clarify the labor conditions application must support the H-1B application and correctly correspond to the H-1B application; and require the applicant to have legal presence in the United States and accept the legal process of the court.

To enforce this rule, new version Form I-129, Application for Nonimmigrant Worker Starting January 17, 2025, all applications will requirewhich is the effective date of the rule. Because there is no grace period for accepting previous versions of the form, USCIS will soon release a preview version of the new Form I-129 at: USCIS website.

Today’s rule builds on the previous final rule, declare As of January 2024, this has significantly improved the H-1B registration and selection process.