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USCIS Adopts New H-1B Regulations: What You Need to Know

On January 17th, USCIS adopted new H-1B regulations, offering more clarity while not dramatically changing the requirements. These updates are more favorable than the October 2023 proposal, with one of the most significant changes being the codification of USCIS’s policy to defer to prior petitions when reviewing extensions. This ensures the Trump administration cannot issue unnecessary RFEs or deny extensions when filing for employees in the same role as their prior approved petition.

The regulation also reinstates documentation requirements for staffing and consulting companies, who must now share client documentation listing job duties and position requirements.

The true impact of these regulations will depend on how the current administration applies them. For a deeper dive into the details, check out our full explainer here. As always, Meltzer Hellrung attorneys are ready to guide you through these changes.