US Updates New Regulations on H-1B Visas: Opportunities and Challenges for Foreign Workers

The article from The Economic Times discusses significant changes to the US H-1B visa regulations, effective January 17, 2025 , issued by the US Department of Homeland Security (DHS). Key points include:

1. A new definition of "specialty occupation"
   • Previously, the H-1B visa required a bachelor's degree in a specific field.
   • The new regulations clarify that a job is not considered a "professional occupation" if it only requires a general bachelor's degree without a specific major directly related to the job duties.
2. Strengthen enforcement and compliance monitoring.
   • USCIS (U.S. Citizenship and Immigration Services) has the authority to conduct on-site inspections at all workplaces of H-1B employees, including third-party locations.
   • If the business fails to comply, USCIS may deny or revoke the sponsorship application.
3. The "deference" policy (prioritizing the review of older applications)
   • USCIS will prioritize upholding previous decisions when considering H-1B renewal applications, provided there are no major changes or violations.
4. Proof of maintaining legal status is required.
   • Applicants for H-1B visa renewals or modifications must demonstrate that they retain their legal status prior to filing the application.
5. New opportunities for entrepreneurs
   • Foreign business owners may be eligible for an H-1B visa if they meet the professional occupation requirements.
   • If they own more than 50% of the company, they may still be granted an H-1B visa as long as the majority of their employment time is in their professional field.
6. Verify the genuine relationship between the worker and the sponsoring company.
   • Businesses must prove that there was a genuine job offer, but are no longer required to submit a detailed work schedule.
7. Extended protection for F-1 students
   • F-1 students applying to switch to H-1B status will have their work permit extension ("cap-gap" extension) from September 30th to April 1st of the following fiscal year.
8. The impact of Donald Trump's second term.
   • The Trump administration could implement stricter immigration policies, increasing costs, processing times, and the risk of H-1B visa denials.
9. Recommendations for businesses
   • Update compliance procedures to be ready for inspections.
   • Monitor announcements from DHS and USCIS.
   • Work with an immigration lawyer to ensure proper compliance with regulations.
   • Develop recruitment plans that align with policy changes.

In summary, the new H-1B regulations clarify professional occupation criteria, tighten oversight, and create better opportunities for entrepreneurs. At the same time, they pose greater challenges for businesses in recruiting foreign workers, especially in the context of the Trump administration potentially implementing stricter controls.

🔹 Do you need advice on immigration and work visas in the United States?

Contact KeyApply , a professional agency with over 10 years of experience in international immigration and entrepreneurship. We will support you every step of the way in your settlement process!

Source