USCIS issued new rules for the H-1B program that went into effect on January 17th, 2025. Form I-129, Petition for a Nonimmigrant Worker will be required for all H-1B petitions beginning Jan. 17. This article gives an update on these rules as well as tips for applying as successfully as possible. For a basic overview of the H-1B visa please read our previous article.
Key Provisions
Qualifying occupations: The rule clarifies that a position may qualify as a specialty occupation even if the employer accepts a range of qualifying degree fields, as long as each degree field is directly related to the H-1B position’s job requirements. Additionally, just because a bachelor’s degree is normally required for the occupation, that doesn’t mean it’s always required.
The final rule clarifies that there needs to be a “logical connection” between the required degree and the H-1B position duties, which don’t have to be exactly the same.
The regulation also requires that when an H-1B worker is outsourced to a third party, the requirements of that third party would be considered most relevant when determining whether the position qualifies as a specialty occupation.
Deference to prior approvals: The regulation states that USCIS should defer to its prior approval when making judgment for a Form I-129 that involves the same parties and same underlying facts, unless there have been changes in circumstances or eligibility requirements. This applies to all Form I-129 judgements by USCIS.
Student graduate protections: There will be a longer protection period for foreign nationals transitioning from a student visa to an H-1B visa. Qualifying F-1 visa holders can receive up to an additional six months of legal status and employment authorization while transitioning to H-1B visas.
Fraud detection inspections: The final rule codifies USCIS’s site visit program and the authority of officers to conduct site visits at third-party worksites or other locations related to H-1B employment. It also clarifies that refusal to comply with a site visit could result in the denial or revocation of a petition. It will also prohibit related entities from submitting multiple registrations for the same beneficiary.
Updates on the Registration Process
Registration for the H-1B is submitted electronically via the USCIS portal (https://myaccount.uscis.gov/users/sign_up). Starting in 2024, USCIS set up organizational accounts that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service. To register, an employer must pay a $215 registration fee at http://www.pay.gov using a debit or credit card. An employer may batch payments if they prefer to do so. Once submitted, confirmation will appear on the portal to show that the registration is being processed.
Look for upcoming USCIS instructions and important dates on the FY2026 registration process on its website.
Mandatory fees:
- $215 non-refundable registration fee
- $780 paper-based petition or $730 for online filing (if petitioner has 26 or more employees)
- $460 (if less than 26 employees)
- $600 Asylum Program Fee (if petitioner has 26 or more employees)
- $300 Asylum Program Fee (if less than 26 employees)
- $500 fraud prevention and detection fee
- $1500 ACWIA filing fee (if petitioner has 26 or more employees)
- $750 ACWIA filing fee (if less than 26 employees)
- $4000 additional fee (if petitioner has 50 or more employees in the United States and more than 50% of those employees are in H-1B, L-1A or L-1B nonimmigrant status)
Optional Fees:
- $2805 premium processing in 15 business days
For answers to further questions, explore more immigration articles regarding H-1B, or contact us directly.