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The H-1B visa program applies to employers seeking to hire nonimmigrant workers in specialty occupations or as fashion models of distinguished merit and ability.
A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent.
The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
Recent policy shifts under the new Trump Administration have sparked debates across political lines. Tech industry leaders, such as Elon Musk, have defended the H-1B program, arguing that it attracts top global talent essential for innovation and competitiveness. Conversely, critics within the MAGA movement contend that the program suppresses wages and displaces American workers. This internal conflict underscores the complex dynamics regarding U.S. immigration policy.
The Department of Homeland Security's H-1B final rule took effect on Friday, January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant visa program. U.S. Citizenship and Immigration Services also published a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on Jan. 17, 2025 reflecting changes associated with the final rule.
As previously announced, the 01/17/25 edition of Form I-129 went into effect on Jan. 17, with no grace period, because the revised edition is necessary to apply the final rules.
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 rule was published in the Federal Register on Dec. 18, 2024.
The H-1B visa registration period for 2026 opens on March 7, 2025, and closes by March 24, 2025.
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