The Department of Homeland Security (DHS) has announced that updates to the H-1B and H-2 visa programs will take effect on January 17, 2025. The changes are outlined in two final rules to modernize and enhance nonimmigrant visa programs. Additionally, US Citizenship and Immigration Services (USCIS) will implement a revised Form I-129, a petition for a nonimmigrant worker, with the same effective date to reflect the regulatory updates.
Key Changes to Visa Programs
H-1B Final Rule
The H-1B rule focuses on modernizing the program to address current workforce needs. Changes include:
- Streamlined approval process to reduce administrative burdens.
- Increased flexibility for employers to retain skilled foreign workers.
- Enhanced integrity measures to strengthen oversight and compliance.
H-2 Final Rule
Updates to the H-2 visa program include:
- Strengthened worker protections, including penalties for employers charging prohibited fees or violating labor laws.
- Greater flexibility for H-2A and H-2B visa holders may benefit industries reliant on seasonal or temporary labor.
Both rules were published in the Federal Register on December 18, 2024.
Implementation of Revised Form I-129
To align with the updated regulations, USCIS will release a revised Form I-129, effective January 17, 2025. This edition of the form must be used for all relevant petitions submitted on or after the effective date.
Submission Guidelines:
- The April 1, 2024, edition of Form I-129 will be accepted only if received before January 17, 2025.
- Any Form I-129 petitions using the April 1, 2024, edition and received on or after January 17, 2025, will be rejected.
- Only the January 17, 2025, edition of Form I-129 will be accepted for submissions received on or after the implementation date.
Employers filing by mail are advised to ensure that the correct form version is used to prevent delays or rejections.
Implications for Employers and Workers
These changes reflect DHS’s efforts to adapt US immigration programs to meet evolving labor market demands. For employers, the streamlined processes and increased flexibility aim to reduce barriers to hiring and retaining foreign talent. For workers, enhanced protections are expected to address concerns related to fair treatment and compliance with labor laws.
For more details, the final rules and the revised Form I-129 can be accessed on the Federal Register website.
Headline image: Outgoing DHS Secretary Alejandro Mayorkasat DHS Secretary’s Awards. Photo credit: Facebook – Department of Homeland Security.
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