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New Rule To Improve Requirements For H-1B And H-2 Visas Comes Into Effect From Today

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

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 non-immigrant 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 H2B 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 non-immigrant 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 non-agricultural (H-2B) non immigrant 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.

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