H-1B Modernization Final Rule
DHS published a final rule on December 18, 2024 (effective January 17, 2025) modernizing the H-1B specialty-occupation program: it revises the definition of 'specialty occupation' to clarify that a range of qualifying degree fields is acceptable as long as each is directly related to the job's duties, codifies USCIS's authority to conduct site visits (including of third-party worksites) and to deny or revoke a petition when an employer refuses one, and extends automatic cap-gap employment authorization for F-1 students changing to H-1B status.
Published
2024-12-18
Summary
DHS published a final rule on December 18, 2024 (effective January 17, 2025) modernizing the H-1B specialty-occupation program: it revises the definition of 'specialty occupation' to clarify that a range of qualifying degree fields is acceptable as long as each is directly related to the job's duties, codifies USCIS's authority to conduct site visits (including of third-party worksites) and to deny or revoke a petition when an employer refuses one, and extends automatic cap-gap employment authorization for F-1 students changing to H-1B status. A separate, earlier January 2024 rule (part of the same modernization effort) tied H-1B lottery registration to a unique passport or travel-document number specifically to curb one person from having multiple registrations submitted on their behalf.
Current status
This is the current operative standard for H-1B specialty-occupation determinations, site visits, and cap-gap timing. It does not change AC21 portability itself (see the I-129 entry above) — the two operate alongside each other.
Source: USCIS: DHS Strengthens H-1B Program, Allowing U.S. Employers to More Quickly Fill Critical Jobs
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