Final H-1B Modernization Rule Slated To Take Effect January 17

At a glance

• A final regulation that makes important modifications to the H-1B program will be published tomorrow, with an effective date of January 17, 2025; an advance copy of the rule is available.

• The rule revises the definition of the H-1B specialty occupation, strengthens cap gap protections for F-1 students awaiting a change of status to H-1B, strengthens USCIS's site visit authority, clarifies the processes and requirements for amending nonimmigrant petitions, and codifies the agency's longstanding policy of deference to its prior approvals, among other provisions.

The issue

The Department of Homeland Security (DHS) has finalized the remaining portions of its long-anticipated H-1B modernization regulation, first proposed in October 2023. The H-1B cap provisions of the rule went into effect in March of this year, and the remainder of the rule will be published in the Federal Register tomorrow and will take effect on January 17, 2025. The final