New Changes to H-1B and H-2 Visa Programs Starting January 17, 2025

Big changes are coming to the H-1B and H-2 visa programs, with updated rules set to take effect tomorrow, January 17, 2025. These changes aim to make it easier for employers to hire talented workers while also providing stronger protections for foreign workers. Whether you’re an employer or a potential visa applicant, these updates will directly impact the process.

The new rules modernize the H-1B visa program, which allows employers to hire foreign workers for specialized occupations. This will result in a more streamlined approval process, greater flexibility for employers, and better safeguards to maintain the program’s integrity. Meanwhile, the H-2 visa program, which covers temporary agricultural and non-agricultural workers, will see stronger protections for workers. This includes tougher penalties for companies that charge illegal fees or violate labor laws, as well as greater flexibility for workers.

In addition, USCIS will introduce an updated Form I-129 (Petition for a Nonimmigrant Worker) to reflect these changes. The updated form must be used starting January 17, 2025. Be sure to check that you’re using the latest edition, as older versions will be rejected after that date!

UCSIS announcement

The Department of Homeland Security’s H-1B final rule and H-2 final rule take effect on Friday, January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant and H-2 nonimmigrant visa programs. USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on Jan. 17, reflecting combined changes associated with the two final rules. As previously announced, the 01/17/25 edition of Form I-129 goes into effect on Jan. 17, with no grace period, because the revised edition is necessary to apply the final rules.

The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program. The H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labor laws, and provides greater flexibility for H-2A and H-2B workers. Both rules were published in the Federal Register on Dec. 18, 2024.

Effective Jan. 17, we will reject Form I-129 petitions received using the 04/01/24 edition of Form I-129. If you file Form I-129 on paper by mail, please note that:

  • We will accept the 04/01/24 edition of Form I-129 if it was received before Jan. 17, 2025;
  • We will reject the 04/01/24 edition of Form I-129 if it is received on or after Jan. 17, 2025; and
  • We will only accept the 01/17/25 edition of Form I-129 if it is received on or after Jan. 17, 2025.

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Av. Ertuğrul Harman
Attorney, member of Istanbul Bar Association. LLM Exeter, LLM(c) TAMU, PhD(c) Istanbul University. Over a decade of experience in leading Istanbul law firms. Certified mediator in Türkiye & USA. Offering legal services in Turkish/English since 2004. Active in both countries, based in the USA.