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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The New York Times: “Colleges Warn Foreign Students to Get to Campus Before Trump Takes Office”

Ahead of President Trump’s upcoming inauguration on January 20, 2025, some universities, including Harvard, USC, and Cornell are advising their international student body to prepare to return to campus from their winter breaks before Trump is sworn in to office. The warnings are a result of Trump’s expressed desire to reimpose a travel ban previously instituted during his first term as President and ended by President Biden when he took office.

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DHS Permanently Increases Automatic Extension of Certain Employment Authorization Documents for Certain Applicants

On December 10, 2024, The Department of Homeland Security (“DHS”) announced a permanent increase in the automatic extension period for employment authorization documents (“EADs”) up to 540-days from the current 180-days period for certain applicants who timely and properly filed their Form I-765 applications for work authorization.

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The O-1 Visa for AI Innovators and Entrepreneurs

The first time I tried ChatGPT in action, I was impressed.  While I would never use it to write a legal brief we have found lots of uses in our practice that save time and increase efficiencies. Of course, we all use AI technologies on a daily basis from opening our phones with our faces to getting directions and traffic updates to asking digital voice assistants what song is playing.  The potential impact of AI technologies is huge, and not just for procrastinating students trying to get that essay written for school.

As with all technological advancements, innovators and entrepreneurs are leading the way, whether as highly skilled researchers involved in the creation or refinement of the AI technology, or as entrepreneurs adapting the technology in a new way to an old industry. In this post, we discuss one of the best visa options—the O-1 visa—for those AI innovators and entrepreneurs who want to live and work in the US.

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