The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on Friday, January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs.

H-1B nonimmigrant visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require highly specialized knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent.

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 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.

The final rule emphasizes that the employer must establish that it has a bona fide position in a specialty occupation available for the foreign worker.

USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on January 17, reflecting combined changes associated with the two final rules. As previously announced, the 01/17/25 edition of Form I-129 goes into effect on January 17, with no grace period, because the revised edition is necessary to apply the final rules.

The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program.

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.

Effective Jan. 17, USCIS will reject Form I-129 petitions received using the 04/01/24 edition of Form I-129. If you file Form I-129 on paper by mail, USCIS will accept the 04/01/24 edition of Form I-129 if it was received before Jan. 17, 2025. The 04/01/24 edition of Form I-129 if it is received on or after Jan. 17, 2025, will be rejected. USCIS will only accept the 01/17/25 edition of Form I-129 if it is received on or after Jan. 17, 2025.

An important change will be in the definition of specialty occupations. There are three things to be noted: (1) The regulatory definition and criteria for a position to be deemed a “specialty occupation” have been revised.

(2) It is clarified that “normally” does not mean “always” within the criteria for a specialty occupation

(3) It is clarified that the petitioner may accept a range of qualifying degree fields as sufficient to qualify for the position, but the required field(s) must be directly related to the job duties for the position to be deemed a specialty occupation.