H-1B Visa Overhaul: Dept. of Homeland Security Publishes Final Regulations, Taking Effect on January 17, 2025
The United States Citizenship and Immigration Services (USCIS) has announced a series of changes to the H-1B visa program, effective from January 17, 2025. These modifications aim to streamline approval times for H-1B visas and provide increased flexibility for both employers and entrepreneurs.
One of the key changes is the revised definition of "Specialty Occupation," allowing petitioners to demonstrate that a bachelor's degree is "normally" the minimum requirement, rather than "always." This change is expected to broaden the eligibility criteria for many professionals.
For employers, understanding the new Form I-129 is crucial. As of January 17, 2025, a new version of this form will be in effect. Employers should familiarize themselves with the updated form to ensure compliance with the latest regulations.
Another significant change is the increase in the H-1B registration fee to $215, which took effect in April 2024, and will apply to subsequent fiscal years. Employers are advised to budget accordingly for these costs.
USCIS is also launching a new online tool for collaborative preparation of H-1B visa lottery registrations and petitions. Employers should anticipate how this tool will streamline their processes. Additionally, employers need to set up separate online accounts for legal and organizational representatives, which will be linked during the registration process.
For entrepreneurs, the Department of Homeland Security (DHS) has introduced new regulations to support entrepreneurs and startup founders. These updates aim to facilitate foreign talent contributing to the U.S. Entrepreneurs are encouraged to explore the new pathways for H-1B visas designed to encourage foreign talent in the U.S. and seek legal advice to ensure compliance with the updated regulations.
The modifications also increase eligibility for entrepreneurs and startups to take advantage of H-1B visas. If entrepreneurs are not eligible for H-1B visas, they may be evaluated for other visa category eligibility or prepared for future immigration needs.
The rule increases flexibility for F-1 visa holders, extending the cap-gap protection period from October 1 to as late as April 1 of the fiscal year for which the petition was filed. Nonprofit research organizations or governmental research organizations can now qualify for cap exemption by showing research is a "fundamental activity."
The new definition for cap exemption allows work performed "at" a qualifying institution to include work performed via telework, remotely, or off-site. Nonprofits no longer need to show IRS tax-exempt status for research or educational purposes, only evidence of their exemption under 501(c)(3), (c)(4), or (c)(6).
The rule also expands authority for H-1B site inspections, allowing USCIS to conduct visits at various locations including the petitioner's worksite, neutral locations, third-party customer locations, and the H-1B holder's home. If USCIS is unable to verify facts on site visits, they are authorized to deny or revoke H1-B petitions, emphasizing the importance of compliance procedures and policies.
The Shumaker Immigration Team is available to assist with all immigration needs, from eligibility evaluations to filing processes and future immigration preparations. Entrepreneurs are advised to reach out to the Shumaker Immigration Team for a comprehensive evaluation of H-1B eligibility. The H-1B FY2026 registration is expected to begin in March 2025, and employers are advised to prepare by reaching out to the Shumaker Immigration Team for registration deadlines and a comprehensive review of compliance policies and procedures.
In conclusion, the H-1B visa program will undergo significant changes starting January 17, 2025. Both employers and entrepreneurs are encouraged to stay informed, consult legal experts, and plan ahead to ensure compliance with all regulations and to take advantage of these changes.
- In the revised H-1B visa program, business owners and entrepreneurs can optimize their compliance by familiarizing themselves with the updated Form I-129 and setting up separate online accounts, as these changes will be effective from January 17, 2025.
- To take full advantage of the increased flexibility for entrepreneurs and startups in the H-1B visa program, it is essential for them to explore new pathways for eligibility, seek legal advice, and plan ahead, especially during the H-1B FY2026 registration expected to commence in March 2025.
