Changes in H-1B and H-2B Visas: What You Need to Know for 2025

The U.S. Department of Homeland Security (DHS) has announced significant changes to the H-1B and H-2 employment visa programs. These modifications, set to take effect on January 17, 2025, aim to modernize processes, provide greater flexibility for employers and workers, and strengthen labor protections.

You may also like: “Can Venezuelans with Canceled TPS Apply for Asylum in the U.S.?”

Key Changes to the H-1B Visa

The H-1B visa, designed for highly skilled workers, will undergo several major modifications:

• Specialty occupation definition: The university degree must be directly related to the job, although closely related degrees will be accepted.
• Eligibility for owner-beneficiaries: Workers with a controlling interest in the company can now apply for this visa with an initial period of 18 months.
• Requirement for a legitimate job offer: Employers must demonstrate the legitimacy of the position when filing the petition.
• Expansion of cap exemptions: Certain nonprofit and government entities will be able to request additional visas without numerical restrictions.
• Flexibility for F-1 students: Automatic extension of work status for those transitioning from F-1 to H-1B.
• Simplified amendment process: The requirement to submit detailed itineraries is eliminated, reducing administrative burdens.

Additionally, DHS will implement enhanced integrity measures, such as on-site visits and stricter compliance checks for labor conditions.

Updates to H-2A and H-2B Visas

Changes to the H-2A (agricultural workers) and H-2B (non-agricultural workers) visas focus on labor protections and increased flexibility.

Worker Protections

• Ban on recruitment fees: Employers and agents are prohibited from charging fees to workers.
• Protection against retaliation: Enhanced security for workers reporting labor violations.
• Employer responsibility: Employers must cover transportation costs if an H-2A petition is revoked.

Worker Flexibility

• Extended grace periods: Longer stay allowances before and after employment.
• Faster job transitions: Workers can switch employers without waiting for formal approval.

Program Modernization

• Elimination of country-based restrictions: Employers can hire workers regardless of nationality.
• Simplified maximum stay calculations: Optimized time limits for U.S. stays.

New Form I-129 Starting in 2025

DHS will release a new version of Form I-129, used for employment visa applications. This update will align processes with regulatory changes and streamline petition management.

Impact on Employers and Workers

For Employers:

• Greater flexibility in hiring global talent.
• Stricter compliance processes and government reviews.
• Simplified amendments and petition processes.

For Foreign Workers:

• Increased protection against labor abuses.
• Job security with extended grace periods.
• Easier job transitions without lengthy waiting periods.

Next Steps for 2025

Employers should prepare for these changes by reviewing their hiring strategies, adjusting compliance practices, and training HR teams. Staying informed about immigration regulations will be crucial for a smooth transition.

With these updates, DHS aims to balance economic competitiveness with worker protections, ensuring the visa system evolves to meet the needs of the U.S. labor market.

From: https://www.infobae.com/estados-unidos/2024/12/28/estados-unidos-cambia-las-reglas-para-trabajadores-temporales-extranjeros-desde-enero-de-2025/

For more information on these topics, visit Paralegal Clases’ social media pages and join our live sessions every Wednesday.

Instagram:   @Paralegalclases
Facebook:   Instituto Paralegal de las Américas
Youtube:   Instituto Paralegal
Tiktok:   @Paralegalnews