The US Department of Homeland Security (DHS) has implemented new rules to modernize and improve the H-1B and H-2 nonimmigrant visa programs. These changes were published in the Federal Register on December 18, 2024 and came into effect on January 17, 2025. The H-1B program allows American companies to temporarily hire foreign workers in specialty occupations requiring highly specialized knowledge and at least a bachelor’s degree (or equivalent).
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The new H-1B rules aim to streamline the approval process, increases employer flexibility in retaining talent, and enhances program integrity and oversight. While primarily focused on H-1B specialty occupation workers, some provisions also affect other nonimmigrant classifications, including H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3, and TN. The current annual cap for H-1B visas stands at 65,000, with an additional 20,000 reserved for those holding advanced degrees from US institutions.
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The H-2 program covers temporary agricultural (H-2A) and nonagricultural (H-2B) workers. The updated H-2 rule strengthens worker protections by imposing stricter penalties on companies that charge prohibited fees or violate labor laws. It also provides greater flexibility for both H-2A and H-2B workers. The DHS aims to enhance the integrity of the H-2 programs and improve worker protections through these regulatory changes.
What are these new rules about
The US Department of Homeland Security (DHS) has implemented new rules to modernize and improve the H-1B (specialty occupations) and H-2 (temporary agricultural and nonagricultural workers) nonimmigrant visa programs.
Where were these rules published
Both rules were published in the Federal Register on December 18, 2024.
How does the new H-1B rule modernize the program
The H-1B final rule aims to modernize the program by:
* Streamlining the approval process. Students on F-1 visas will face fewer disruptions when shifting to H-1B status. F-1 visa students applying for an H-1B visa will benefit from an automatic extension of their F-1 visa until April 1 of that year. This will ensure continuity in lawful status and work authorisation while their H-1B application is under review. USCIS has committed to expediting applications for H-1B extensions to ease the burden on both employers as well as workers.
* Increasing flexibility for employers to retain talented workers. Businesses can hire H-1B workers based on documented needs, allowing more adaptable workforce planning. ap-exempt organisations, such as universities and research bodies, can now submit petitions throughout the year without numerical limitations.
* Improving the integrity and oversight of the program. The DHS may request supporting documents to verify job authenticity. C
Which visa categories are impacted by the H-1B rule changes
While the provisions mainly amend regulations for H-1B specialty occupation workers, some provisions also impact other nonimmigrant classifications, including: H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3, and TN.
What is the H-2 visa program
The H-2 visa program covers temporary agricultural (H-2A) and temporary nonagricultural (H-2B) nonimmigrant workers.
What is the goal of the changes to the H-2 program
The rule is intended to better ensure the integrity of the H-2 programs and enhance protections for workers. “The H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labor laws, and provides greater flexibility for H-2A and H-2B workers,” says release on USCIS website.
