Video Transcript:
I’m Nicole Hemrick and I’m the managing partner at Hemrick O’Malley PLLC.
Today I’d like to provide you a practice alert from the H1B modernization final rule that was published on December 18th 2024 by the Department of Homeland Security this rule is groundbreaking and is aimed at modernizing the H1B Visa program it introduces significant changes designed to improve the program’s integrity and streamlined processes and offers greater flexibility to employers and employees.
Here are some key takeaways from the rule;
- The definition of specialty occupation has been broadened offering employers more opportunities to align their hiring needs with Global Talent.
- Nonprofit and governmental research organizations now enjoy an updated framework for exemption from the annual H1B Visa limits
- It ensures us employers can attract and retain high-skilled workers critical to staying competitive in the global economy
- additionally their support for F1 Visa holders transitioning to H1B status so there will be extensions for students on F1 visas seeking to shift to H1B status in an aim to reduce disruptions to employment and lawful status this will create a smoother pathway for talented young graduates to join the workforce filling critical skill gaps in high demand Industries.
The rule aims at more efficient application processing that is employers should benefit from faster processing for candidates who have previously been approved for H1B visas also entrepreneurs with a controlling interest in their petitioning organizations are now eligible under reasonable conditions for H1B status there will also be strengthened program over site USCIS has now codified authority to conduct inspections and enforce compliance ensuring adherence to the program’s requirements employers must demonstrate they have Bonafide specialty occupation positions available at the requested start date and comply with labor condition application requirements this bolsters the program’s Integrity ensuring Fair opportunities for all stakeholders.
Additionally there will now be mandatory use of a new form I-129 this will start as of January 17th 2025 employers must use the updated form I-129 for all petitions there will be no grace period for the use of older forms. If you have questions about this or any other immigration matter give us a call at 833 8487 1838 or check us out online at https://hemrick.law/