The Department of Homeland Security (DHS) has announced new regulations to modernize the H-1B visa program, aiming to enhance flexibility for employers, streamline processes, and strengthen program integrity. The final rule, effective January 17, 2025, also introduces changes to the H-2B visa program to address labor shortages.
Changes to the program, which allows U.S. employers to hire foreign workers in specialty occupations requiring advanced knowledge and degrees, include revised definitions of specialty occupations, expanded criteria for nonprofit and governmental research organizations, and measures to facilitate transitions for foreign students on F-1 visas to H-1B status.
The goal is to reduce disruptions in employment and lawful status for skilled workers, while allowing employers to retain the talent needed to remain competitive. The rule also simplifies procedures for employers by deferring to prior approvals for the same employer-employee relationship, reducing redundant reviews.
"American businesses rely on the H-1B visa program for the recruitment of highly-skilled talent, benefitting communities across the country," said Secretary of Homeland Security Alejandro N. Mayorkas through a statement. "These improvements to the program provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation."
Immigration experts and businesspeople welcomed the changes, highlighting their potential to resolve long-standing challenges and foster collaboration between industry, academia, and government.
Javier Palomarez, Founder & CEO of the United States Hispanic Business Council (USHBC), told The Latin Times that "the H-1B overhaul will serve as a boom to our American economy and provide much needed relief to the legal immigration system" adding that "as we enter a new era of innovation and a focus on domestic supply chains, it's critical that we have efficient systems and programs in place to attract the world's top talent."
Some analysts, such as Immigration & Labor Law Attorney María del Carmen Ramos, are less optimistic. First, as she told The Latin Times, Ríos expects "greater delays in the processing of H-1B cases as adjudicators start to become more familiar with the I-129 form as well as the new codified policies".
Secondly, there's the uncertainty around upcoming policies by the Trump administration:
"I'm skeptic, as the new administration has a very different view on immigration and is quite hostile to the H-1B program. If they do not scrap the rules altogether, I could see applying extreme standards as was done during the first Trump administration"
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