Washington, USA: The Biden administration's H-1B modernization rule, effective January 17, 2025, introduces key changes aimed at offering greater flexibility for employers and workers while enhancing oversight and integrity measures. The final rules, released recently, provide clarity on several key aspects, including the definition of specialty occupations, flexibility in visa extensions, and stricter rules for third-party placements.

Specialty Occupation Clarification: The rule revises the definition of specialty occupations, offering more flexibility by allowing jobs requiring a range of related degrees rather than always one specific degree. This change should reduce processing delays and requests for evidence.

Third-Party Placement: For H-1B workers placed at third-party sites, the client's requirements, not the sponsoring employer’s, will determine if the position qualifies as a specialty occupation. This could lead to increased scrutiny of staffing companies.

Deference to Prior Adjudications: USCIS will now defer to previous determinations when adjudicating similar H-1B petitions, streamlining the visa extension process and offering greater predictability for employers.

Site Visit Program: The rule formalizes the USCIS site visit program, allowing inspections at any H-1B worksite, including client locations. Staffing companies must comply with verification requirements to avoid denials or revocations.

Bonafide Job Offers: The focus shifts from an employer-employee relationship to establishing a bona fide job offer, eliminating the need for specific day-to-day itineraries for H-1B petitions.

These changes are designed to streamline the approval process, reduce burdens on employers, and ensure the integrity of the H-1B program, supporting the recruitment of highly-skilled workers to meet the needs of American businesses and boost economic competitiveness.