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On January 17, 2025, significant reforms to the H-1B visa program will take effect, aiming to modernize the system, enhance flexibility for employers and workers, and strengthen program integrity.
Key changes include:
Revised Definition of Specialty Occupation
The updated regulations clarify that a position can qualify as a specialty occupation even if it accepts a range of related degree fields, provided each field is directly related to the job duties.
This change offers employers greater flexibility in hiring candidates with diverse but relevant educational backgrounds.
Deference to Prior Approvals
USCIS will now codify the practice of giving deference to prior approvals when adjudicating extension requests involving the same parties and underlying facts.
This means that if an employer seeks to extend an H-1B employee's status without significant changes to the terms of employment, the prior approval will generally be honored, streamlining the extension process.
Elimination of Itinerary Requirement
The new rule removes the necessity for employers to provide an itinerary detailing the dates and locations of services for H-1B workers assigned to third-party worksites.
This change reduces administrative burdens on employers, particularly those in industries where project assignments may vary.
Extended Cap-Gap for F-1 Students
F-1 students transitioning to H-1B status will benefit from an automatic extension of their Optional Practical Training (OPT) work authorization, known as the "cap-gap," through April 1 of the following fiscal year.
This extension prevents employment disruptions for students awaiting H-1B approval.
Clarification on Amendments Due to Worksite Changes
The regulations specify that employers must file an H-1B amendment petition prior to making material changes to the terms of employment, including changes in worksite location that require a new Labor Condition Application (LCA).
This ensures compliance when relocating H-1B employees.
Flexibility for Cap-Exempt Employers
The definition of "nonprofit research organization" has been broadened to include entities where research is a fundamental activity, even if not the primary mission.
This expansion allows more nonprofit organizations to qualify for cap-exempt H-1B petitions, facilitating the hiring of specialized talent.
Provisions for H-1B Workers with Ownership Interest
The new rule permits individuals with a controlling ownership interest in a petitioning company to obtain H-1B status, with initial validity limited to 18 months.
This change supports entrepreneurs and startup founders in securing H-1B visas.
These reforms are designed to make the H-1B program more efficient and responsive to the needs of the modern workforce, while maintaining safeguards to protect U.S. labor interests.
Employers and prospective H-1B applicants should familiarize themselves with these changes to ensure compliance and take full advantage of the new provisions.
