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H-1B visa 2025 remains a vital pathway for skilled foreign workers to secure jobs in the U.S., but new policies emphasize hiring American workers first. The application process for fiscal year 2026 begins on March 7, 2025, with strict eligibility rules.
The H-1B visa program applies to employers seeking to hire nonimmigrant workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
Recent policy shifts under the new Trump Administration have sparked debates across political lines. Tech industry leaders, such as Elon Musk, have defended the H-1B program, arguing that it attracts top global talent essential for innovation and competitiveness. Conversely, critics within the MAGA movement contend that the program suppresses wages and displaces American workers. This internal conflict underscores the complex dynamics regarding U.S. immigration policy.
The Department of Homeland Security’s H-1B final rule took effect on Friday, January 17, 2025, modernizing and improving requirements for the H-1B nonimmigrant visa program. U.S. Citizenship and Immigration Services also published a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on Jan. 17, 2025 reflecting changes associated with the final rule. As previously announced, the 01/17/25 edition of Form I-129 went into effect on Jan. 17, with no grace period, because the revised edition is necessary to apply the final rules. The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program. The rule was published in the Federal Register on Dec. 18, 2024. The H-1B visa registration period for 2026 opens on March 7, 2025, and closes by March 24, 2025.
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Jacquiline M. Wagner, Esq. is the proud President of Wagner HR. Jacquiline uniquely understands the needs of business owners and employers when it comes to educating employees. For almost twenty-five years, Jacquiline has enjoyed the honor of training hundreds of employees and supervisors in an assortment of industries concerning all aspects of Employment Law. Stemming from that experience, she has designed a wide ar...
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