The White House is reviewing the second part of the H-1B modernization rule. This is the final step before the rules in the proposal are finalized. With President-elect Trump’s inauguration just a month away, it is important for the current administration to complete this process.

The proposal is currently being reviewed by the Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget. If finalized, the new rules would apply to the upcoming H-1B season.

If approved, some key changes will affect the H-1B process. Officials will be required to follow previous U.S. Citizenship and Immigration Services (USCIS) approvals for cases with the same underlying facts. H-1B applicants will also need to have a degree directly related to their job. Additionally, student visa holders will automatically get an extension to avoid the “cap-gap” issue, which happens when their student visa expires before their H-1B visa begins.

These proposed changes were first introduced in October 2023. The full proposal was split into two parts. The first part was approved before the 2024 H-1B lottery to address issues related to multiple registrations. Whether the second part will be finalized before the January 20, 2025 inauguration remains unclear.

If you have questions about the H-1B modernization rule, the H-1B program, or any other U.S. immigration-related issue, contact us. Our clients work directly with attorneys to ensure they get the expert guidance for their specific situations. Contact us to ensure you remain always in compliance.