The US Department of Homeland Security (DHS) has issued the revised rule for modernisation of the H-1B visa programme and other non-immigrant visas. Starting 17 January 2025, the reform will facilitate smoother and more efficient approval procedures, and provide more flexibility to organisations when it comes to retaining their skilled workers.
The revised version of Form I-129, employed for petitions for nonimmigrant workers, will also become mandatory starting January 17, 2025. A preview of the new Form I-129 is likely to be available soon on the official site of USCIS.
Among the major changes is the revision of the criteria for specialty jobs stating more clearly the qualifications. The processing timelines have also been made faster so that the transition to H-1B status for foreign workers is faster.
Students with F-1 visas who wish to change over to H-1B status will also benefit from the flexibility offered by the revised rule. These students will not see any disruption in their legal status and employment authorisation during their transition of status.
Those who already have H-1B visas will now be able to have their applications processed faster by the US Citizenship and Immigration Services (USCIS), thanks to the revised rules.
The reforms will remove all ambiguity pertaining to the right of USCIS to inspect closely for non-compliance and also impose penalties if need be. Therefore, the H-1B programme will see a higher level of integrity.
Employers will be mandated to show that a genuine position in a specialty job actually exists, starting from the starting date requested. The new rule will also insist on alignment of the Labour Condition Application with the H-1B petition, with petitioners mandated to be legally present and be subject to processes laid down by US law.
