The U.S. Department of Homeland Security (DHS) has implemented a final rule today, January 17, 2025, bringing significant updates to the H-1B visa program. These changes are designed to modernize the program, enhance flexibility for F-1 students transitioning to H-1B status, and improve overall program integrity.
Key updates include a streamlined H-1B approval process, which reduces administrative burdens for employers and speeds up petition processing. The rule also extends the cap-gap provision, which automatically extends the F-1 student’s status and work authorization until April 1, instead of October 1 as in previous regulations. This extension provides greater flexibility for students while their change of status petitions are pending with U.S. Citizenship and Immigration Services (USCIS).
This change is especially helpful for students whose academic programs or Optional Practical Training (OPT) end in mid-spring, preventing gaps in employment authorization. The extension is expected to help employers retain skilled workers without disruptions in productivity during the transition to H-1B status.
The final rule also makes broader updates, including revised criteria for specialty occupation positions, more flexibility for nonprofit and governmental research organizations, and expanded eligibility for individuals with controlling interests in petitioning organizations.
Employers sponsoring H-1B workers must demonstrate the availability of a bona fide specialty occupation and comply with all program requirements. DHS also strengthens USCIS’s authority to inspect employers and enforce penalties for noncompliance.
Starting today, January 17, 2025, all H-1B petitions require the updated Form I-129, which includes these changes. USCIS will offer a preview of the new form to help petitioners transition smoothly. The changes are expected to benefit approximately 1,348 F-1 students annually, potentially resulting in increased compensation and productivity for both students and employers.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
