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Course Details

This CLE webinar will provide an in-depth analysis of the new Department of Homeland Security (DHS) H-1B Modernization Rule, focusing on its implications for employers and foreign professionals. The panel will cover the rule's provisions, practical applications, and compliance requirements.

Faculty

Description

The H-1B program is essential for U.S. employers seeking to hire highly skilled foreign professionals in specialty occupations like technology, engineering, and healthcare. Effective Jan. 17, 2025, the DHS H-1B Modernization Rule introduces significant changes aimed at streamlining the H-1B visa process, enhancing program integrity, and providing greater flexibility for employers and employees. These changes are designed to address long-standing issues within the H-1B program and to better align it with the current needs of the U.S. labor market.

Employers and legal counsel must familiarize themselves with the updated criteria for specialty occupations, new exemptions, and the enhanced measures for ensuring compliance. Understanding these changes is crucial for effectively navigating the H-1B visa process and avoiding potential pitfalls.

Listen as our expert panel delves into the specifics of the H-1B Modernization Rule, discussing its impact on the hiring process, compliance strategies, and the broader implications for the employment of foreign professionals. The panel will also share tips for advising clients effectively in light of these new regulations.

Outline

  1. H-1B modernization rule overview
    • Objectives and key changes
    • Overview of the rule's impact on the H-1B visa process
  2. Updated criteria for specialty occupations
    • New definitions and requirements
    • Implications for employers and employees
  3. Exemptions and flexibilities
    • Nonprofit and governmental research organizations
    • Flexibilities for F-1 students transitioning to H-1B status
    • Self-owned companies and controlling interest provisions
  4. Program integrity measures
    • USCIS' authority for inspections and penalties
    • Compliance requirements and best practices
  5. Practical implications for employers
    • Changes to the hiring process
    • Compliance strategies and business operations
    • Impact on visa sponsorship and employment authorization

Benefits

The panelists will review these and other key issues:

  • Detailed analysis of the H-1B Modernization Rule
  • Practical guidance on compliance and implementation
  • Strategies for navigating the updated H-1B visa process