Last Updated on January 14, 2025
Welcome to the U.S. immigration news briefing from Corporate Immigration Partners, PC (CIP PC). The team is here to provide the latest updates on policy changes affecting corporate immigration. This update explores the modernization of the H-1B visa rules.
Modernization of H-1B Rules
The Department of Homeland Security (DHS) has finalized the H-1B modernization rule, which will take effect on January 17, 2025. This significant update aims to enhance the H-1B visa program and includes several key changes:
Key Changes in the H-1B Modernization Rule
Revised Definition of Specialty Occupation
The criteria for a specialty occupation have been clarified. Employers can now accept a broader range of qualifying degree fields, provided a direct relationship exists between the degree and the job duties.
Enhanced Cap-Gap Protections
The rule extends the cap-gap protections for F-1 students transitioning to H-1B status. This change allows students to maintain their status and employment authorization until April 1 of the relevant fiscal year, significantly increasing the time allowed compared to previous rules.
Elimination of Detailed Itinerary Requirement
Employers’ requirement to provide a detailed itinerary of specific day-to-day assignments for the H-1B petition has been removed, simplifying the application process.
Deference Policy Codification
The rule codifies USCIS’s longstanding policy of deference to prior approvals. This means that if a petition is similar to one previously approved, it will generally be granted unless new material information is presented.
Self-Petitioning for Beneficiary-Owners
Certain owners of H-1B petitioning entities can self-sponsor under specific conditions. However, USCIS will limit the validity of initial petitions and first extensions to 18 months each.
Site Visit Authority Strengthened
USCIS has enhanced its authority to conduct site visits to ensure compliance with program requirements.
New Form I-129 Requirement
A new version of Form I-129 will be mandatory starting January 17, 2025, with no grace period for using prior editions. These changes reflect a dual focus on modernizing the program. They also provide greater flexibility and protection for workers. Ultimately, these changes aim to improve the efficiency and integrity of the H-1B visa system.
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Envoy is pleased to provide you with this information, which was prepared in collaboration Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
