January 17, 2025
3 mins read

New rule to modernise H-1B takes effect  

The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to allow employers to retain talent and improving the integrity and oversight   

The US Department of Homeland Security (DHS) will implement a new rule to modernise and improve the requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs three days before the swearing on US President-elect Donald Trump’s swearing-in ceremony. 

The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on Friday, January 17. The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talent workers and improving the integrity and oversight of the program. These provisions mainly amend the regulations governing H-1B specialty occupation workers, although some of the provisions narrowly impact other nonimmigrant classifications, including: H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3, and TN. 

The H-2 final rule strengthens worker protections among other things and imposing new consequences on firms that charge prohibited fees or violate labour laws and provides greater flexibility for H-2A and H-2B workers. 

In a statement, US Citizenship and Immigration Services said, “The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on Friday, January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs. ” 

The H-1B nonimmigrant visa program allows US employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent, according to US Federal Register. . 

The US DHS is amending its regulations affecting temporary agricultural (H-2A) and temporary nonagricultural (H-2B) nonimmigrant workers (H-2 programs) and their employers, according to US Federal Register. This rule is intended to better ensure the integrity of the H-2 programs and enhance protections for workers. 

In a statement, US Citizenship and Immigration Services said, “The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program. The H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labor laws, and provides greater flexibility for H-2A and H-2B workers. Both rules were published in the Federal Register on Dec. 18, 2024.” 

Earlier in December, US President-elect Donald Trump expressed his support for the H-1B visa programme and acknowledged frequently using it for his own properties, calling it a “great programme,” according to a report by New York Post. He expressed support for immigration visas for highly skilled workers. 

“I’ve always liked the visas, I have always been in favour of the visas. That’s why we have them,” Trump said in a telephonic interview with the New York Post. He added, “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great programme.” 

Notably, during Trump’s first term, the administration imposed restrictions on H-1B visas, citing concerns over “abuse” and “economic strain.” In 2016, Trump condemned the program, describing it as a means for companies to replace American workers with lower-paid foreign employees. 

Restrictions tightened further in 2020 in response to economic challenges caused by the Covid-19 pandemic. Trump’s latest remarks comes after a major divide emerged within his MAGA team in the United States, as Elon Musk and Vivek Ramaswamy who advocated for the expansion of the visa program for ‘highly skilled workers’ faced heavy backlash from within President-elect’s base. 

ALSO READ: Trump’s NSA pick calls India a ‘critical partner’ for future 

Previous Story

Sheikh Nahyan Honoured by Global Sikh Community 

Next Story

‘Bengaluru breathes US-India relationship’  

Latest from -Top News

UN Watchdog Raps China on Tibet Abuses

Raising concerns about the human rights violations in China, Turk highlighted the lack of progress on much-needed legal reform to ensure compliance with international human rights law….reports Asian Lite News United Nations

At G7, Modi Calls Out Terror Backers

Emphasising the security challenges, PM Modi called upon countries to strengthen the global fight against terrorism…reports Asian Lite News While participating in the G7 Outreach Session in Kananaskis, Canada, Prime Minister Narendra

Yellow alert as mercury soars

Public health authorities warn of risks to older adults and vulnerable populations as parts of England brace for rising temperatures. The UK Health Security Agency (UKHSA) has issued the country’s first yellow

Blast Derails Jaffar Express in Balochistan

According to police officials, the blast created a crater approximately three feet wide and deep, damaging nearly six feet of railway track….reports Asian Lite News At least six coaches of Pakistan’s Jaffar

India Presses SCO to Name Pahalgam Terror Act

India has urged that the official outcome statement of the upcoming SCO summit should include a condemnation of the Pahalgam terror attack…reports Asian Lite News India has urged that the recent terror
Go toTop

Don't Miss

‘We’re always here’: Garcetti highlights India-US friendship

Garcetti emphasized that India’s challenges are for Indians and their

NASA spacecraft ‘touches’ the Sun in daring mission

NASA said Parker is making new discoveries that other spacecraft