US to implement this new H-1B visa rule on Jan 17; To hire foreign workers, employers now required to...

 The Department of Homeland Security (DHS) is set to implement its long-anticipated H-1B Modernization Final Rule on January 17, aimed at streamlining 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.

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. To aid in this transition, a preview of the revised form is available on the U.S. Citizenship and Immigration Services (USCIS) website.

Key updates to the H-1B program

The H-1B program allows US employers to recruit foreign professionals in specialised fields requiring advanced qualifications. The final rule introduces several important changes:

- Revised Specialty Occupation Criteria: The new rule clarifies the connection between required degrees and job responsibilities.

- Expanded Flexibility for Nonprofits: Nonprofit and governmental research entities that are exempt from the annual cap will benefit from updated eligibility criteria.

- Support for F-1 Visa Holders: Transitioning F-1 students will face fewer disruptions regarding their lawful status and work authorization.

- Processing Efficiency: USCIS will expedite applications for H-1B visa holders who have previously been approved.

- Eligibility for Controlling Interests: Individuals with a controlling interest in their petitioning organization can now qualify for H-1B visas under specific conditions.

To bolster the integrity of the program, the final rule also formalizes USCIS's authority to conduct inspections and impose penalties for violations, ensuring that the H-1B program continues to meet its original purpose of addressing labor shortages in specialized sectors.

The H-1B visa program enables US employers to hire foreign workers for specialised jobs that require advanced knowledge and at least a bachelor's degree. The new rules are designed to make it easier for both employers and workers by updating the definitions and criteria for these specialised positions.

Additionally, it includes provisions for nonprofit and government research organisations, which do not have to follow the annual limit on H-1B visas.

FY 2026 US visa lottery

Despite these updates, 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, maintaining its lottery-based selection process.

USCIS Director Ur M. Jaddou emphasised the importance of these changes, stating, “The updates made in today’s final rule will ensure that U.S. employers can hire the highly skilled workers they need to grow and innovate while enhancing the integrity of the program.”