The U.S. Department of Homeland Security issued the H-1B modernization Final Rule on December 18, 2024. The issuance of the final rule followed a long regulatory process and had a stated goal of improving the H-1B program by making it more efficient, improving the process for both petitioners and beneficiaries and, strengthening the integrity of the program by enacting more enforcement and oversight processes.
The Final Rule will be effective as of January 17, 2025, days before the Trump Administration will take office. How many of these new rules will be implemented is yet to be seen, but the new enforcement mechanism, including codification of site visits may create a new burden on H1B employers.
The highlights of the New Rule are:
- Revised Definition and Criteria for H-1B Specialty Occupations
- Codification of the Deference Policy
- Elimination of the Itinerary Requirement
- Expanded H-1B Cap Exemptions for Nonprofit and Governmental Research Organizations
- Enhanced Cap-Gap Protections for F-1 Students
- Codification of Site Visit Authority
The Final Rule, which provides the regulatory framework for the H-1B program, can be changed by a future administration within 60-90 days.
The U.S. government is facing an imminent shutdown (with effect from midnight on Friday, December 20, 2024) if the Congress does not enact a new spending bill. As in the past, it is expected that the USCIS will continue to function during a shutdown but the Department of Labor, which process Labor Condition Application and PERMS among many other functions will shutdown and effect the processing of those documents.
We will monitor these issues and provide additional information, as and when there are further developments.
Please feel free to contact USILAW with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at info@usilaw.com.
Written by Nafees Chowdhury.
