The new non-immigrant visa programs H-1B Final Rule, H-2 Final Rule, and Revised form I-129 will start taking effect on Friday, according to a statement from the US Citizenship and Immigration Services ( USCIS ) for the USCIS.
The USCIS in a speech said,” The Department of Homeland Security’s H-1B last law and H-2 last rule take influence on Friday, January 17, 2025, modernizing and improving needs for the H-1B nonresident and H-2 nonresident card programs.
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On January 17, USCIS will release a revised version of Form I-129, Petition for a Nonimmigrant Worker (edition date: 01/17/25 ), which will reflect all changes made to the two final rules. As recently announced, the 01/17/25 version of Form I-129 goes into effect on Jan. 17, with no kindness time, because the updated version is necessary to apply the last rules”.
The recently H-1B rules, in the opinion of USCIS, improves the program by easing the application process, facilitating employer adaptability, and enhancing program quality and guidance. One of the crucial updates is the definition of H-1B” niche occupations”. Businesses now have more discretion in determining what qualifies as a niche activity. The law clarifies that a place necessitates a bachelor’s degree as long as the level is directly related to the work duties. Additionally, it permits a range of qualifying levels if they are reasonably related to the position. This makes the application process simpler and reduces the likelihood of further scrutiny.
In addition to providing increased flexibility for H-2A and H-2B workers, the H-2 legislation significantly strengthens worker safeguards by imposing new penalties for businesses that demand illegal fees or violate labor laws. On December 18, 2013, both laws were formally published in the Federal Register.
For a limited time, a foreign worker must submit shape I-129 when applying for their temporary resident visa. The objective could be for work, services, or coaching programmes. This applies to different H-1B, H-2A, H-2B and numerous people visa classifications.
Shortly after the news, President-elect Trump expressed support for the H-1B immigration system, stating,” I’ve often liked the visa, I have always been in behalf of the visa. That’s why we have them. I have some H-1B permits on my components. I’ve been a disciple in H-1B. I have used it several days. It’s a wonderful programme”. This contrasts with his administration’s earlier restrictions on the program, which included concerns about abuse and financial strain, during his first term.
Elon Musk and Vivek Ramaswamy both advocated for expanding the immigration system for highly skilled workers, but the new regulations are in response to a rift within the President-elect’s center.
