DHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency

On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.

The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.

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The New York Times: “Colleges Warn Foreign Students to Get to Campus Before Trump Takes Office”

Ahead of President Trump’s upcoming inauguration on January 20, 2025, some universities, including Harvard, USC, and Cornell are advising their international student body to prepare to return to campus from their winter breaks before Trump is sworn in to office. The warnings are a result of Trump’s expressed desire to reimpose a travel ban previously instituted during his first term as President and ended by President Biden when he took office.

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USCIS Reaches Fiscal Year 2025 H-1B CAP

United States Citizenship and Immigration Services (“USCIS”) announced on December 2, 2024, they had reached the H-1B Cap for fiscal year 2025. The Service reported having received enough petitions to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2025. USCIS will be sending non-selection notices to registrants through their online accounts “over the next few days.” 

Employers submitted registrations for 442,000 unique beneficiaries during FY 2025 H-1B cap registration period. USCIS went on to conduct two lottery selections, one in March 2024 and another in August 2024. For those not selected, remember there may still be hope.

USCIS Rolls Out Premium Processing Option for Certain F-1 Students

Holding to true to its plans to expand its premium processing services to “increase efficiency and reduce burdens to the overall legal immigration system”, United States Citizenship and Immigration Services (“USCIS”) announced it is implementing premium processing service and online-filing procedures for certain F-1 student visa holders seeking Optional Practical Training (“OPT”) and F-1 students seeking science, technology, engineering, and mathematics (“STEM”) OPT extensions.

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USCIS Announces Resources and Guidance for STEM Graduates

Keeping in line with the Biden Administration’s objective to attract and maintain global talent in the fields of science, technology, engineering, and mathematics (“STEM”), United States Citizenship and Immigration Services (“USCIS”) has recently published additional online resources on its website, to " provide an overview of some of the temporary and permanent pathways for noncitizens to work in the United States” in the STEM fields.

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Biden Administration Takes Steps to Maintain STEM Talent in the US

In an effort “to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country”, the Department of Homeland Security (“DHS”) has significantly revised and broadened its policy affecting F-1 students who have earned a qualifying US degree in the fields of science, technology, engineering, and mathematics (“STEM”).

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