Important:
While the changes announced December 17, 2024 require employers to use an updated Form I-129 starting January 17, 2025, the new form has not yet been released as of the date of publication.
The Department of Homeland Security (DHS) just announced a wave of changes to key visa programs designed to help U.S. companies hire and retain global talent.
“These improvements to the program provide employers with greater flexibility to hire global talent, boost our economic competitiveness, and allow highly skilled workers to continue to advance American innovation,” said Secretary of Homeland Security Alejandro N. Mayorkas.
Effective January 17, 2025, these changes will impact employers, workers, and HR professionals across multiple visa categories, including H-1B (for specialty occupations) and H-2A/H-2B (for temporary agricultural and non-agricultural workers). This dual focus on modernization, flexibility, and worker protections marks one of the most significant updates to the visa system in years.
What’s Changing and Why?
These updates reflect the needs of today’s workforce and economy, with three primary goals:
- Modernize Processes: Outdated rules are being updated to reflect today’s workforce needs.
- Increase Flexibility: Both employers and workers will have more options and greater adaptability.
- Protect Workers: The new rules aim to prevent worker exploitation and ensure fair treatment.
Key Changes at a Glance
H-1B Program Updates
The new H-1B rule modernizes and clarifies the program while bolstering enforcement. Key updates include:
- Specialty Occupation Definition: The degree field must have a direct relationship to the job duties, though multiple related degrees can still apply.
- Beneficiary-Owners Eligibility: H-1B status is now available for workers with a controlling interest in the petitioning employer, with an 18-month initial validity limit to ensure compliance.
- Bona Fide Job Requirement: Employers must demonstrate the legitimacy of the specialty occupation role at the time of filing.
- Cap Exemption Expansion: Nonprofits and governmental research entities conducting research as a fundamental activity now qualify for H-1B cap exemptions.
- F-1 Cap-Gap Flexibility: Automatic extensions for F-1 students transitioning to H-1B prevent disruptions to employment status until April 1 of the fiscal year.
- Simplified Amendments: Eliminates the itinerary requirement, reducing administrative burdens.
Enhanced Integrity Measures
DHS is introducing additional compliance measures:
- Site Visit Enforcement: DHS has codified its authority to conduct site visits and enforce compliance. Employers refusing site visits may face denials or revocations.
- Third-Party Placements: If an H-1B worker is placed at a third-party site, the third party’s job requirements determine whether the position qualifies as a specialty occupation.
- Labor Condition Application (LCA) Compliance: Employers must ensure that LCAs accurately reflect the petitioned role.
H-2A and H-2B Program Updates
The H-2 updates enhance worker protections, expand job flexibility, and simplify program rules.
Stronger Worker Protections
- Recruitment Fees: Employers, recruiters, and agents are prohibited from charging workers fees for obtaining jobs.
- Whistleblower Protections: Workers are protected from retaliation when reporting violations.
- Employer Responsibility for Transportation: Employers must cover return transportation costs if an H-2A petition is revoked.
Greater Worker Flexibility:
- Extended Grace Periods: Workers have more time to prepare for new employment or departure:
- 10 days before employment to settle in.
- 30 days after employment ends to seek new jobs or prepare to leave the U.S.
- 60 days during unexpected job loss to secure new employment with an approved petition.
- Easier Job Transitions (Portability): Workers can start a new job immediately after filing a petition with a new employer, without waiting for USCIS approval.
Program Modernization
- No More Country-Specific Restrictions: Employers may now hire workers from any country, removing the barriers of outdated regional quotas.
- Simplified Maximum Stay Calculations: DHS has streamlined the process for determining a worker’s maximum allowable stay in the U.S., improving clarity and compliance.
Updated Form I-129 Required in 2025
To align with these changes, DHS is rolling out a new edition of Form I-129, Petition for a Nonimmigrant Worker, effective January 17, 2025. This form applies to a wide range of nonimmigrant visa categories, including H-1B, H-2A, and H-2B, as well as:
- H-1B1 (Speciality Occupation from Chile or Singapore)
- H-3 (Trainees and Special Education Exchange Visitors)
- L-1 (Intra-company Transferees)
- O-1 (Individuals with Extraordinary Ability)
- P-1, P-2, P-3 (Athletes, Artists, and Entertainers)
- Q-1 (Cultural Exchange Visitors)
- R-1 (Religious Workers)
- E-1/E-2 (Treaty Traders and Investors, in some instances)
- E-3 (Speciality Occupation from Australia)
- TN (NAFTA Professionals under USMCA)
Important:
Employers must start using this updated form for all petitions beginning January 17, 2025.
Don’t get caught unprepared. Boundless can ensure your petitions are accurate and compliant. Get started today.
What This Means for Employers and Workers
While the new rules focus on worker protection, they also include provisions to ensure fairness and due process for employers:
For Employers & HR Teams:
- More flexibility to hire and retain talent but with stricter compliance requirements.
- Stricter accountability through bona fide job requirements and LCA compliance.
- Updated processes to simplify amendments and petitions.
For Foreign Workers:
- Stronger protections against unfair recruitment fees and retaliation.
- Greater job security through extended grace periods and easier transitions.
Boundless will help you proactively adapt to policy changes, optimize your immigration strategies, and ensure your workforce remains compliant and supported. Book a demo to learn more.
Next Steps for Employers & HR Teams
To prepare for the implementation of these changes on January 17, 2025, employers should take the following steps:
- Review and update: Ensure your recruitment practices comply with the new rules.
- Prepare: Be ready for government site visits and compliance reviews.
- Transition: Start using the new Form I-129 for all relevant visa petitions.
- Develop: Create clear procedures for worker transitions.
- Train: Educate your HR team on the new rules.
Stay Informed
These H-1B and H-2 visa program updates are among dozens of form updates announced so far in FY2025. The world of immigration is constantly evolving, with new policies, forms, and procedures emerging regularly. Staying informed and compliant can be a challenge.
Boundless is your partner in navigating these changes. Our corporate and self-sponsor immigration services will guide you through every update, ensuring you remain compliant and your employees are supported.