The H-1B program, visa for a nonimmigrant, has undergone some fundamental changes effective January 17, 2025. The Department of Homeland Security has implemented modifications of various components of the H-1B program which are important to be aware of if you are interested in applying for an H-1B visa, are an employer interested in the program, or are currently working in the United States utilizing an H-1B visa. These changes are meant to improve the efficiency and integrity of the program, as USCIS has recognized the potential for fraud via the registration process. Some of the most notable changes include:
Changes in requirements for research organizations: Research organizations (governmental and non-governmental) must now demonstrate that research is a “fundamental activity” of the organization. Previously, organizations were required to prove that their “primary mission” was research. This definition has been changed in order to facilitate the hiring process for these cap-exempt organizations.
Revisions to “specialty occupation” classification: USCIS has determined that individuals who have not undergone specialized education supplemental to a university degree will not be considered eligible to apply to the H-1B program under “specialty occupation.” Additionally, applicants must demonstrate that they are applying for employment in the United States that is directly related to the specialty noted in their application. Any petitions related to roles that may be filled by individuals holding a variety of degrees must demonstrate how each field meets the standards required to perform the duties of the position.
USCIS Authority to Conduct Site Visits: the final rule authorizes USCIS to conduct site visits at their discretion. It also allows them to revoke H-1B petitions for workers if they are not cooperative or if USCIS cannot verify information relevant to the petitioner’s work.
Changes to Employment definitions: The employee-employer relationship requirement has been rescinded. Petitioners are now required to demonstrate that they have a legitimate employment offer should they be selected for the H-1B visa.
The Itinerary Requirement: USCIS has rescinded the itinerary requirement. Petitioners must demonstrate that the role they have been offered will exist at the start date of their employment.
Third Party Locations: Petitioners are required to submit documentation for work completed by employees in a third-party location and may be asked to submit additional documentation demonstrating the specialized nature of the position.
Consistent with the final rule, petitions submitted after January 17th, 2025, are required to utilize an updated version of Form I-129. For a complete list of the changes under the H-1B Final Rule, and to access Form I-129, you can go to USCIS.gov.