New 2025 H-1B Rule Lets You Be CEO and Visa Holder at the Same Time
The H-1B Modernization Rule In late 2024, the U.S. Department of Homeland Security (DHS) finalized a rule titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Non-immigrant Workers.” It was published in the Federal Register on December 18, 2024, and took effect on January 17, 2025. This is commonly referred to as the H-1B Modernization Rule (or 2025 H-1B Final Rule). It is not a new law passed by Congress but a regulatory update by DHS/USCIS that revises existing H-1B program rules under the Immigration and Nationality Act. It aims to streamline processes, add flexibilities (especially for employers and certain workers like entrepreneurs and F-1 students), clarify definitions (e.g., “specialty occupation”), codify some prior policies (like deference to prior approvals), and strengthen program integrity and oversight. Key broader changes in the rule include: Updates to the definition and criteria ...