H-1B Processing Changes 2025

Significant H-1B reforms have been implemented. The Department of Homeland Security (DHS) enacted the final rule effective January 17, 2025. These updates to H-1B requirements not only enhance the ability of U.S. companies to fill job vacancies in crucial fields but also aim to strengthen the U.S. economy.

The new rules modernize and improve the H-1B application program by:

• Clarifying the requirements and improving efficiency
• Providing greater benefits and flexibility for employers and employees
• Strengthening program integrity

Understanding the modernized H-1B application process is vital for employers, nonimmigrant employees, and HR professionals. Modernization involves improved clarity, flexibility, and program integrity.

Updates to H-1B Requirements

The H-1B nonimmigrant visa program temporarily allows employers to employ foreign workers in specialty occupations. Generally, these positions require specialized knowledge and a bachelor’s or higher degree in the field or an equivalent degree.

Please note that an updated version of Form I-129, Petition for a Nonimmigrant Worker, is integral to the January 2025 H-1B reforms for employers. 

The Department of Homeland Security created new guidelines to modernize and improve the H-1B program through reforms in the following categories:

• Clarification. Adjust outdated rules that don’t align with today’s workforce.
• Flexibility. Provide more options and improved adaptability for employers and employees.
• Program integrity. Enhance safeguards to ensure fair treatment and prevent worker exploitation.

Each category involves key updates to H-1B requirements.

Clarifying Requirements and Improving Program Efficiencies

With the new rule, DHS is improving efficiency and clarifying H-1B requirements in several ways.

• Specialty occupation definition. The definition of a specialty occupation has been expanded. Employers may now accept a range of qualifying fields of study related to job duties. Further, a bachelor’s degree is usually required, but not always.
• Bona fide position. Employers must establish that a legitimate specialty occupation position is available. They must provide evidence, such as contracts or work orders, that the position is genuine and available at the time of filing.
• Worksite location change rules. Employers must file an amended petition with U.S. Citizenship and Immigration Services (USCIS) before making any worksite location changes that require a new Labor Condition Application (LCA). This change should streamline compliance and reduce confusion.

Provide Greater Benefits and Flexibility

The flexibility and benefits of H-1B visa modernization are advantageous to both employers and employees. They provide a more adaptable and inclusive system.

• Flexibility in job qualifications. Employers can accept a variety of fields of study to fulfill specialty occupation requirements.
• Cap-exemption expansion. This amendment clarifies the H-1B cap-exemption rules, making it easier for employees supporting qualifying organizations—such as research facilities, universities, and other nonprofits—to be considered cap-exempt, even if not directly employed by these organizations.
• Business owner eligibility. H-1B beneficiaries with a controlling interest in their petitioning entity may qualify as long as they usually perform specialty occupation duties.

Strengthening Program Integrity

Strengthening the program integrity of the H-1B program includes measures to ensure the program is used fairly and properly.

• Improved integrity through site visits. USCIS gains expanded authority to conduct site visits to confirm compliance with H-1B regulations.
• Stricter compliance enforcement. Refusal to comply with site visits or other program requirements could result in the denial or revocation of the H-1B petition. 
• Tighter scrutiny of job validity. Employers must provide more evidence to certify that positions are legitimate, not just theoretical or speculative, safeguarding the program’s integrity.

We understand that navigating the modernized H-1B application process can be challenging. That’s why we’re here to help, providing support and guidance to both employers and employees.

Employment immigration law is constantly changing. Staying current with guidelines and regulations is critical to ensuring your employment goals have a better chance of success

H-1B nonimmigrant visas allow employers to hire top-notch talent from the global workforce, improving their opportunities to achieve greater economic success for themselves and the United States.

Complying with the rules of H-1B visas is particularly challenging when adapting to H-1B visa updates. Unfamiliar guidelines can cause stress and confusion. 

The new streamlined H-1B visa updates should lead to more transparency, flexibility, and integrity. In the meantime, we are here to answer any questions and guide you through the process, giving you an advantage in hiring the best talent for your team.