DHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency

On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.

The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.

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DHS Publishes Proposed Rule to Modernize H-1B Program

On October 23, 2023, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking in the Federal Register to “modernize the H-1B specialty occupation worker program.” There is a sixty-day notice and comment period for the proposed rule, and the public is invited to submit comments on the Federal Register website.

The proposed rule sets out to impose changes to the H-1B program, as well as to codify a number of existing rules. We must point out that the proposed rule is quite lengthy; therefore, our summary does not cover all of the proposed changes. We will outline a few of the most notable proposed changes below which we feel may be of most interest to our community.

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