H-1B Final Rules Announced

The Department of Homeland Security (DHS) final rule to modernize the H-1B nonimmigrant visa program became effective Jan. 17, 2025.

The new rule streamlines the approval process, increases flexibility to better allow employers to retain talented workers, and improves the integrity and oversight of the H-1B program.

The H-1B program allows employers to temporarily employ foreign workers in occupations that require highly specialized knowledge and a bachelor’s degree or higher degree in the specific specialty or its equivalent. Some schools, including Dallas ISD, Houston ISD, and Harmony Public Schools, use the H-1B program to recruit and employ teachers in hard-to-fill areas, including bilingual education.

To implement this rule, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions beginning Jan. 17, 2025, which is the rule’s effective date. There is no grace period for accepting prior form editions.

The DHS announcement of the final rule is available on the U.S. Citizenship and Immigration Services (USCIS) Newsroom webpage.