USCIS H-1B Modernization Final Rule Effective January 17: Highlights For Employers

On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden Administration has been urged to finalize the rule. The rule codifies certain USCIS guidance by regulation. The regulation is effective Jan. 17, 2025 – prior to the start of the new administration.

It is unclear whether the new administration will look to rescind some or all of the regulation.

The major regulatory actions can be divided into three sections – some of which affect all nonimmigrant visa petitions:

Clarifications

H-1B

• Revises the definition of "specialty occupation" for H-1B visas to clarify that, if a position "normally" requires a certain degree, that does not mean the occupation must "always" require that degree.