H-1B Visa Program Updates: Key Changes

Written By: Anna Potter & Katherine Del Rosario, Immigration Attorneys at McEntee Law Group

The H-1B visa program, which allows U.S. employers to temporarily employ foreign workers in specialty occupations that require at least a U.S. bachelor's degree or its equivalent in a directly related field., is undergoing significant updates. These changes, effective January 17, 2025, aim to modernize the program, increase transparency, and protect workers. Below is an overview of the key updates and how they may impact employers and workers.

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Strengthened Employer Compliance

The U.S. Citizenship and Immigration Services (USCIS) has introduced stricter measures to ensure employers comply with H-1B regulations:

• Deference to Prior Approvals: USCIS will now be more likely to follow its own previous rulings on similar H-1B cases involving the same parties and facts unless there has been a material change in circumstances or eligibility requirements.

• Expanded Documentation Requirements: Employers must provide more detailed evidence of the role’s necessity and alignment with their business operations.

• Increased Site Inspections: Codified USCIS’s ability to conduct site visits to verify that H-1B employees are working in the approved roles and locations.

Modernized Registration Process

• Enhanced Fraud Protections: Updates to the electronic registration system aim to minimize duplicate entries and fraudulent filings.

• You can report suspected immigration benefit fraud and abuse to USCIS through this online tip form.

• Improved Notifications: Employers and applicants will receive more timely updates on the status of their registrations and petitions.

Student Graduate Protections

• Extended Status and Work Authorization: The final rule provides up to an additional six months of legal status and employment authorization for students transitioning to an H-1B visa using “cap gap”, ensuring they avoid lapses while awaiting H-1B activation.

Fee Adjustment

USCIS has increased the fee for pre-registration in the H-1B lottery to $215. These adjustments will support enhanced oversight and program improvements.

Transition to Revised Form I-129

Effective January 17, 2025, USCIS will require the use of a revised edition of Form I-129. Key details include:

• The 01/17/25 edition of Form I-129 aligns with the H-1B modernization final rule.

• USCIS will reject older editions of the form (dated 04/01/24) if received on or after January 17, 2025.

Employers filing on paper by mail should ensure they use the updated form to avoid delays.

What This Means for Employers and Workers

These updates represent a significant shift in the H-1B program’s administration and oversight. Employers must act promptly to comply with the new requirements and avoid potential penalties. H-1B workers should stay informed about their rights and obligations under the updated rules.

Need Help Understanding the Changes?

Our firm provides comprehensive support with H-1B visa petitions and compliance. If you have questions about how these updates impact your case, contact us today for experienced legal guidance.  

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