On 18 December 2024 DHS published the final H-1B modernisation rule, effective 17 January 2025. It followed the beneficiary-centric registration process already used for the FY2025 lottery, which had reduced registrations sharply from the FY2024 record.
What the final rule includes
- Specialty occupation: the position must normally require a bachelor's degree or higher in a directly related specific specialty; a range of qualifying fields is acceptable if each relates directly to the duties.
- Third-party placement: when a beneficiary is staffed to a third party, that party's requirements are relevant to the specialty occupation analysis.
- Deference to prior determinations codified.
- Flexibility on start dates for cap-subject petitions and expanded cap-exemption definitions.
- Strengthened site visit authority and consequences for non-cooperation.
For clients and consultants
Staffing arrangements need documentation of the end-client role requirements and of the employer-employee relationship. Vakula keeps that file for every placement. Consultants should expect site visits to be taken seriously and should keep their own records of assignments. More on engagement models.