In the final days of the Biden Administration, the U.S. Department of Homeland Security (“DHS”) introduced a new Final Rule that revises certain eligibility requirements for the H-1B visa program, while providing clearer guidelines on which foreign workers may qualify for the highly sought-after H-1B specialty occupations in the United States. This Final Rule will go into effect on January 17, 2025, just before the incoming administration takes office on January 20.
While many of the “updates” in the Final Rule are nothing more than codifying existing best practices and adjudicative policies into law (likely in an effort to safeguard these practices and policies from future abuse), this Client Alert will address the most salient changes to the H-1B regulations, and provide direction on what actions can be taken by employers to take advantage of such changes going forward.
To see an overview of the changes to the H-1B regulations and full Alert details click here.
If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.