Are you ready for the changes that could redefine how H-1B petitions are filed and evaluated?
The USCIS has unveiled a revised I-129 form, effective January 17, 2025. While the updates may appear minor, they carry significant implications for petition approvals, RFEs, and potential denials.
Here’s what you need to know—and how to prepare:
1. Specialty Occupation Definition Update
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What’s New: H-1B job positions must now explicitly require education directly related to the specialized field. Generalized degrees like “MBA” or “engineering” are no longer sufficient.
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How to Prepare: Ensure job descriptions specify degrees and areas of specialization, such as “MBA with a focus in digital analytics” or “Civil Engineering.” Align required qualifications directly with the job duties.
2. Extended Cap-Gap Work Authorization for F-1 Visa Holders
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What’s New: F-1 students transitioning to H-1B status will now benefit from extended cap-gap work authorization through April 1 of the following year, instead of ending on October 1.
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How to Prepare: This change could bring much needed anxiety relief! When filing H-1B petitions under change of status (COS), F-1 employees will be able to continue to work while awaiting USCIS decisions, even amidst processing delays.
3. Mandatory Site Visit Participation
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What’s New: USCIS site visits for H-1B petitions will be mandatory, allowing USCIS officers to visit worksites, homes, or client locations, interview managers, and verify records. Non-cooperation could result in denial or revocation of petitions.
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How to Prepare: Training and Preparation for Managers, HR Leaders and Employees are Key! Maintain accurate and accessible documentation of job duties, work locations, and compliance records.
4. Effective Date & New Form Edition – The new DHS rule and I-129 form take effect January 17, 2025.
These updates signal a more stringent and thorough approach to H-1B petitions. Employers who proactively adapt to these changes will not only ensure compliance but also strengthen their ability to secure approvals in an evolving immigration landscape.
I will continue to provide updates on these developments.
Staying informed is the first step—taking action is the next.