The Department of Homeland Security (DHS) has announced significant changes to the H-1B and H-2 visa programs, effective January 17, 2025.

These updates aim to modernize the programs, increase flexibility, and provide stronger worker protections

Key Changes:

1. H-1B Program Updates: The new rule modernizes and clarifies the program, bolstering enforcement. Key updates include:

– Specialty Occupation Definition: The degree field must have a direct relationship to the job duties.

– Beneficiary-Owners Eligibility: H-1B status is now available for workers with a controlling interest in the petitioning employer.

– Bona Fide Job Requirement: Employers must demonstrate the legitimacy of the specialty occupation role at the time of filing.

– Cap Exemption Expansion: Nonprofits and governmental research entities conducting research as a fundamental activity now qualify for H-1B cap exemptions.

– F-1 Cap-Gap Flexibility: Automatic extensions for F-1 students transitioning to H-1B prevent disruptions to employment status.

– Simplified Amendments: Eliminates the itinerary requirement, reducing administrative burdens.

– H-2A/H-2B Program Updates: While not explicitly stated, the changes aim to increase flexibility and provide stronger worker protections for temporary agricultural and non-agricultural workers.

What’s Behind These Changes?

These updates reflect the needs of today’s workforce and economy, with three primary goals:

1. Modernize Processes: Outdated rules are being updated to reflect today’s workforce needs.

2. Increase Flexibility: Both employers and workers will have more options and greater adaptability.

3. Protect Workers: The new rules aim to prevent worker exploitation and ensure fair treatment.

Employers and HR professionals should prepare for these changes by reviewing the updated Form I-129 and understanding the new requirements and flexibilities

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