H1-B Visa: From faster processing to simpler F1 transitions | New rules come into effect from January 17

H-1B Visa: The U.S. Department of Homeland Security's (DHS)  fresh updates to the H-1B visa program will come into effect from January 17, 2025. The updates, part of the H-1B Modernisation Final Rule, have been designed to simplify the hiring process for highly skilled foreign professionals and increase the flexibility to allow employers to retain talented workers, a department release informed.

As per the H-1B visa Modernisation Final Rule, employers hiring H-1B workers will now be required to use an updated Form I-129. A preview of the revised form is available on the U.S. Citizenship and Immigration Services (USCIS) website to help employers transition smoothly.

H-1B visa: What are the updates

Revised speciality occupation criteria: Degrees required for H-1B positions must now be "directly related" to job duties.

Expanded flexibility for nonprofits: Nonprofit and governmental research organisations exempt from the annual cap will benefit from updated eligibility criteria, providing greater access to skilled foreign professionals.

Support for F-1 visa holders: Students on F-1 visas transitioning to H-1B status will benefit from automatic cap-gap extensions, easing their transition without significant issues. Additionally, USCIS will expedite processing for H-1B extensions and revisions, improving efficiency and reducing wait times for applicants.

Better relationship between employer and employee: Employers are now required to provide detailed documentation to prove the existence and continuation of a legitimate employer-employee relationship.

Faster processing: Applications for previously approved H-1B visa holders will be expedited, improving processing times and overall efficiency.

Eligibility for controlling interests: Individuals with a controlling interest in their petitioning organisation may now be eligible for H-1B visas under specific conditions, broadening access to the program.

“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,”  Secretary of Homeland Security Alejandro N. Mayorkas said.