New rule to improve requirements for H-1B, H-2 visas takes effect today

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 of programme

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.