New H-1B rules

Clarifications to H-1B program requirements

On Dec. 18, 2024, DHS published a final rule which included clarifications to H-1B program requirements specifically related to specialty occupation criteria. The final rule revised the regulatory definition and criteria for a position to be deemed a “specialty occupation” and clarified that while the petitioner may accept a range of qualifying degree fields to qualify for the position, the required fields must be directly related to the job duties

Codification of the deference policy

A provision of the final rule published by DHS on Dec. 18, 2024, codified the deference policy to clarify that, when adjudicating a Form I-129, Petition for Nonimmigrant Worker, involving the same parties and the same underlying facts, adjudicators generally should defer to a prior USCIS determination on eligibility.

Additional provisions of the Dec. 2024 final rule

The final rule published by DHS on Dec. 18, 2024, included various other provisions, such as:

• Extending the duration of F-1 status for international students seeking to change their status to H-1B
• Clarifying eligibility for H-1B cap exemptions for nonprofit and governmental research organizations, and beneficiaries who are not directly employed by a qualifying organization
• Clarifying that if an H-1B worker will be staffed to a third party, it is the requirements of that third party, and not the petitioner, that are most relevant when determining whether the position is a specialty occupation