H-1B and H-2 Visa Program Reforms: What Employers Need to Know

U.S. immigration policy continues to evolve, and recent reforms to the H-1B and H-2 visa programs are reshaping how employers recruit and retain foreign talent. At Sapon Immigration, we help businesses stay ahead of these changes with strategic legal guidance and compliance support.

H-1B Visa Program Updates

1. Beneficiary-Centric Lottery Selection

As of March 2024, USCIS implemented a new rule that ensures each H-1B beneficiary has an equal chance of selection in the lottery, regardless of the number of registrations submitted on their behalf. This change aims to reduce fraud and gaming of the system. USCIS

2. Modernization of Specialty Occupation Criteria

Effective January 17, 2025, the Department of Homeland Security (DHS) will enforce updated definitions for "specialty occupations," requiring that the degree fields be directly related to the job duties. This clarification is intended to prevent misuse of the H-1B program.

3. Prevailing Wage Compliance

Employers must attest that they will pay H-1B workers wages that are at least equal to the actual wage paid to other employees with similar experience and qualifications, or the prevailing wage for the occupation in the area of intended employment, whichever is higher. DOL

H-2A and H-2B Visa Program Enhancements

1. Strengthened Worker Protections

In June 2024, the Department of Labor (DOL) introduced new rules to protect H-2A temporary agricultural workers from retaliation and unsafe working conditions. These measures include ensuring transportation safety and preventing illegal recruitment practices.

2. Increased Oversight and Enforcement

The DOL has intensified efforts to monitor compliance with labor standards in the H-2 programs, aiming to prevent exploitation and abuse of temporary foreign workers.