The U.S. Citizenship and Immigration Services (USCIS) component of the Department of Homeland Security (DHS) has published a second final rule aimed at modernizing the H-1B specialty occupation visa program. The “Modernizing H-1B Requirements” final rule goes into effect January 17, 2025.
In February 2024, USCIS published the first part of its H-1B modernization rule, which implemented a new lottery process to reduce fraud. On December 18, 2024, USCIS issued the second part of the rule, which is aimed at improving the H-1B program’s efficiency while providing more flexibility.
The new rule states that a job does not always have to require a bachelor’s degree to qualify as a specialty occupation. It also requires the petitioning employer to show that it will have a job opening in a specialty occupation for the beneficiary on the requested start date. The new rule will avoid employment authorization disruptions that have occurred when a student visa holder’s work authorization ends before the H-1B employment starts by providing automatic cap-gap protection for an additional six months.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.