The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H 1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on January 17, 2025. The timing of the rule is notable, coming at the end of the Biden Administration and implemented days prior to the inauguration of President-elect Trump. The rule is intended to update and streamline the H 1B regulatory framework to align with contemporary workforce needs. Changes are grouped into three categories: (1) Modernization and Efficiencies; (2) Benefits and Flexibilities; and (3) Program Integrity.
A revised Form I-129 (Petition for Nonimmigrant Worker)—a form required for H-1B filings—also will be issued on January 17, 2025.
This Legal Update provides background and summarizes the changes impacting H-1B category: H-1B Modernization: Biden’s Final Move, Trump’s First Challenge? | Insights | Mayer Brown.