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Immigration News Briefs

Provided by Humera Subhani

February 2025

H-1B & H-2 final rule and revised form I-129

USCIS- DHS’s H-1B final rule and H-2 final rule take effect on Friday, January 17, 2025. To implement the final rules, USCIS will also publish a revised Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25) on January 17, reflecting combined changes associated with the two final rules. As previously announced, the 01/17/25 edition of Form I-129 has 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 H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate the labor laws, and provides greater flexibility for H-2A and H-2B workers. Both rules were published in the Federal Register on December 18, 2024. Effective January 17, USCIS will only accept the 1/17/25 edition of Form I-129 and will reject any Form I-129 petitions received using the 04/01/24 and prior editions of Form I-129.

Guidance on EB-2 national interest waiver petitions

On January 15, USCIS updated its policy guidance to clarify how to evaluate eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW). In general, an employer files an EB-2 petition using Form I-140, Immigrant Petition for Alien Workers, after obtaining a labor certification from the Department of Labor. USCIS, however, can waive the requirement of a job offer, and thus, the labor certification if it is in the interest of the United States. In addition, individuals seeking an NIW may file a petition on their own behalf.

A petitioner seeking an NIW must first demonstrate that they qualify for the underlying EB-2 classification as either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts, or business. The new guidance explains how, for advanced degree professionals seeking an NIW, USCIS officers will consider whether the occupation in which the petitioner proposes to advance an endeavor is a profession and, if applicable, whether the 5 years of postbachelor’s experience is in the specialty. The guidance also addresses how, for persons of exceptional ability seeking an NIW, that exceptional ability must relate to the endeavor proposed as part of the NIW request. USCIS will determine the relationship of exceptional ability to the proposed endeavor on a case-by-case basis, considering any shared skillsets, knowledge, or expertise. In addition, this new guidance provides information about how it will evaluate whether a proposed endeavor has national importance and explains how it evaluates evidence, such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavor.

This new guidance builds on a previous Policy Manual update that discussed the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs. This guidance is effective immediately and applies to requests pending or filed on or after the publication date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

APPLICATION FINAL ACTION DATES FOR FEBRUARY 2025

FAMILY	India	Pakistan/Bangladesh
1st	22Nov15	22Nov15
2A	01Jan22	01Jan22
2B	22May16	22May16
3rd	01Jul10	**01Jul10**
4th	08Apr06	01Aug07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Feb22	Current
2nd	15Oct12	01Apr23
3rd	15Dec12	**01Dec22**
Other	15Dec12	08Dec20
4th	01Jan21	01Jan21
5th	01Jan22	Current1B

DATES FOR FILING VISA APPLICATIONS - FEBRUARY 2025

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	15Jul24	15Jul24
2B	01Jan17	01Jan17
3rd	22Jul12	22Jul12
4th	15Aug06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	15Apr22	Current
2nd	01Jan13	01Aug23
3rd	08Jun13	01Mar23
Other	08Jun13	22May21
4th	01Feb21	01Feb21
5th	01Apr22	Current1B