The U.S. has announced game-changing rules to streamline hiring foreign workers, making it easier for employers to fill critical positions. The US Department of Homeland Security (DHS) announced a final rule that will significantly enhance US companies’ ability to fill job vacancies in critical fields, strengthening our economy.
The new rule modernizes the H-1B program by streamlining the approvals process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program.
To implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker will be required for all petitions beginning January 17, 2025, which is the rule’s effective date.
The rule builds on previous efforts by the Administration to ensure the labor needs of American businesses are met, while reducing undue burdens on employers and adhering to all U.S. worker protections under the law.
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 flexibility for employers and workers by modernizing the definition and criteria for specialty occupation positions and for nonprofit and governmental research organizations exempt from the annual statutory limit on H-1B visas.
These changes will help U.S. employers hire the employees they need to meet their business needs and remain competitive in the global marketplace.
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. It will also allow H1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to reasonable conditions.
Finally, the rule strengthens program integrity by codifying USCIS’ authority to conduct inspections and impose penalties for failure to comply with the rules. Now, the employer must establish that it has a bona fide position in a specialty occupation available for the worker as of the requested start date. Further, it is also clarified that the Labor Condition Application must support and properly correspond with the H-1B petition and requires that the petitioner have a legal presence and be subject to legal processes in court in the United States.
Earlier in January 2024, USCIS had announced a rule to enhance H-1B registration integrity and reduce fraud by ensuring each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf. Under the beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration. This new process is designed to reduce the potential for fraud and ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf by an employer.