US H-1B Visa: 10 key points you need to know about latest rules

The H-1B visa program is a vital part of the U.S. economy, enabling companies to hire highly skilled foreign workers for specialised jobs. Whether you are an employer seeking top talent or a foreign national looking to work in the U.S., understanding the H-1B visa process is key. This article will walk you through the essentials, covering 10 key points you must know regarding the rules. 

What is an H-1B Visa?

The H-1B visa is a temporary work visa that lets U.S. employers hire foreign workers for specialised jobs. These jobs usually require a bachelor’s degree or equivalent in a specific field, such as tech, engineering, or healthcare. It allows foreign professionals to work in the U.S. for a limited time. Let’s quickly go through 10 key points you need to know about the latest rules.

1. New final rule effective Jan 17, 2025

The Department of Homeland Security implemented a final rule on January 17, 2025, modernizing and tightening H‑1B requirements, including Form I‑129 updates.

2. Beneficiary-centric lottery system

USCIS has shifted to a beneficiary-centric selection process in the H‑1B lottery; each individual gets one shot, regardless of how many employers register them. This reduces duplicate filings and levels the playing field. 

3. Stricter “Specialty Occupation” criteria

The final rule tightens the definition of specialty occupations. Employers must clearly show that the role requires specific, specialized qualifications directly aligned with the candidate’s academic background.

4. Revised Form I‑129 requirement

All petitions submitted on or after January 17, 2025, must use the revised Form I‑129 (edition 01/17/25). Any use of outdated forms will result in automatic rejection.

5. Increased USCIS compliance oversight & fraud prevention

New measures include more frequent site visits, heavier documentation requirements, and oversight to counter fraud and misuse. This stems from recent USCIS crackdowns. 

6. Extending H-1B status beyond 6 years

You can extend your H-1B status beyond 6 years if specific conditions are met. To qualify, either a PERM labor certification or an I-140 immigrant petition must be filed on your behalf, with at least 365 days passing since the filing. Depending on your situation, you may be eligible for one-year or three-year extensions. One-year extensions apply if the PERM or I-140 petition has been pending for over 365 days, while three-year extensions are available if you have an approved I-140 petition and face visa number limits. Your employer must submit Form I-129, Petition for a Nonimmigrant Worker, along with supporting documentation. Consulting an immigration expert is recommended to navigate the process and determine the best course of action. 

7. Does my time outside of the United States count towards my 6-year maximum in H-1B status?

Only time spent in the United States as an H-1B beneficiary counts towards the 6-year maximum. Time spent outside the United States exceeding 24 hours, commonly referred to as “recapture time” or “remainder time,” does not count towards your 6-year limit, and you are eligible to recapture those periods of time. 

8. The maximum period of admission for H-1B workers is generally 6 years. However, there are some common exceptions to this limit.

9. When an H-1B worker’s employment is terminated (either voluntarily or involuntarily), they typically may take one of several actions to remain in a period of authorised stay in the United States beyond 60 days.

10. An eligible H-1B worker can change employers as soon as the new employer’s nonfrivolous H-1B petition is properly filed with USCIS.

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