The new non-immigrant visa programs H-1B Final Rule and H-2 Final Rule and and Revised form I-129 will come into effect starting Friday, announced the US Citizenship and Immigration Services (USCIS)
The USCIS in a statement said, “The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on Friday, January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs.
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USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on Jan. 17, reflecting combined changes associated with the two final rules. As previously announced, the 01/17/25 edition of Form I-129 goes into effect on Jan. 17, with no grace period, because the revised edition is necessary to apply the final rules.”
According to the USCIS, the newly H-1B regulation enhances the programme by simplifying the authorisation procedure, offering increased adaptability for companies to retain skilled employees, and enhancing programme supervision and authenticity. One of the important updates is the redefinition of H-1B “specialty occupations”. Employers now have more flexibility in determining what qualifies as a specialty occupation. The rule clarifies that a position requiring a bachelor’s degree doesn’t necessarily mean it must always require one, as long as the degree is directly related to the job duties. It also allows for a range of qualifying degrees if they are logically connected to the position. This reduces the likelihood of additional scrutiny and simplifies the application process.
Meanwhile, the H-2 regulation substantially reinforces worker safeguards by implementing fresh penalties for organisations that demand unauthorised fees or breach labour regulations, whilst providing enhanced flexibility for H-2A and H-2B workers. Both regulations were officially published in the Federal Register on December 18 last year.
As for form I-129, it is submited when requesting permission for a foreign worker to enter the United States for a limited duration.. The purpose could be for employment, services, or training programmes. This applies to various H-1B, H-2A, H-2B and various others visa classifications.
Soon after the announcement, President-elect Trump expressed support for the H-1B visa program, stating, “I’ve always liked the visas, I have always been in favour of the visas. That’s why we have them. I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great programme.” This contrasts with his administration’s previous restrictions on the program during his first term, citing concerns over abuse and economic strain.
The new rules come amid a divide within Trump’s MAGA team, as Elon Musk and Vivek Ramaswamy advocated for expanding the visa program for highly skilled workers, facing backlash from within the President-elect’s base.
