US announces new final rule for H-1B visa requirements

The U.S. Department of Homeland Security’s Citizenship and Homeland Security governs visas and their requirements for entry to the United States.

The H-1B visa program enables American employers to hire foreign workers for specialized jobs that require advanced knowledge and at least a bachelor's degree.

Guam and the Northern Mariana Islands have certain exemptions from H-1B and H-2B requirements through the fiscal 2021 National Defense Authorization Act, with the current exemptions continuing through Dec. 31, 2029.

The exemption applies to H-1B visas for professional specialty occupations, such as engineering, healthcare, and education, and to H-2B visas for temporary non-agricultural workers, such as those in construction, hospitality, and other service industries

A new H-1B Final Rule, which takes effect Jan. 17, aims to streamline “the hiring process for highly skilled foreign workers while enhancing oversight of the program. This significant update addresses workforce demands, improves program efficiency, and clarifies regulations for employers navigating the visa application process,” DHS said.

According to the Federal Register, DHS is “revising the regulatory definition and criteria for a position to be deemed a “specialty occupation”; (2) clarifying that “normally” does not mean “always” within the criteria for a specialty occupation; and (3) clarifying 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 in order for the position to be deemed a specialty occupation.”

DHS is also updating the regulations governing when an amended or new petition must be filed due to a change in an H-1B worker's place of employment to be consistent with current policy guidance, and more. In addition, “DHS is modernizing regulatory definitions to provide additional flexibilities for nonprofit and governmental research organizations and petitions for certain beneficiaries who are not directly employed by a qualifying organization,” according to the Final Rule, which can be found at www.federalregister.gov.

Employers seeking to hire H-1B workers will be required to use the updated Form I-129, which will become mandatory on the same day the new rule takes effect.

Transitioning F-1 students will face fewer disruptions with regard to their lawful status and work authorization, according to DHS.

The H-1B visa program remains subject to an annual cap, with demand consistently exceeding supply. USCIS will open cap registrations in March 2025 for fiscal year 2026 applications. mbj

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US announces new final rule for H-1B visa requirements