In U.S. Department of Homeland Security news (DHS), the U.S. issued almost 450,000 educational visas in 2023 alone according to Applyboard, an educational networking platform. Recently, however, the DHS has made several updates to policies that mean that future applications may be held to different standards, offering both new global career pathways and new requirements. Do you understand these new rules yet, or will you need a helping hand if you want to study in the United States?

The following article breaks down these policy updates and explains several practical ways to make the most of this year’s new professional and student visa options. As you read through, consider where you can handle the process yourself and where you might need help, and consider hiring an immigration specialist like Boyer Law Firm if you find yourself stuck.

DHS and USCIS Updates

As of 2024, the United States Citizenship and Immigration Services (USCIS) has updated several visas, including the F-1, H-1B, and investment-based visas, with changes related to their requirements. While the Department of State intends these changes to streamline and modernize the visa process, an applicant may be caught unawares if they are unaware that a change has occurred.

Some of the most significant changes include:

F1-Student Visas

The U.S. Department of Homeland Security (DHS) has extended the “cap-gap” period. This time allows F-1 student visa holders with pending or approved H-1B visa petitions to maintain their F-1 status for longer. Also, if they are already working under an Optional Practical Training program, they may continue to do so as long as they meet its requirements.

Before this change, such an extension lasted until October 1 of the fiscal year. However, it now extends to April 1 of the following year, offering more educational visa routes for students waiting for the approval of an H-1B application.

H-1B Specialty Occupation Visas

After several cases of visa misuse and fraud, the DHS changed how it approves professional visas.
Previously, applicants could submit multiple registrations to increase their chances in the lottery.

Now, each beneficiary can appear only once in the system. No duplicate applications are allowed. This ensures equal chances for all participants.

The DHS also introduced stricter rules for specialty occupations.
Before, an H-1B position qualified as a specialty only if it required one specific degree, and employers had to prove the job was complex enough to justify it.
This made it difficult for interdisciplinary or managerial technical roles to qualify.

Under the new rules, a position qualifies as a specialty if:

• It accepts a range of related degrees, and
• There is a direct link between the degrees and the job.

This gives employers more flexibility to hire candidates whose education still fits the position, even if they have different degrees.

The H-1B submission timeline has also changed.
Instead of being tied to October 1, applications can now be filed up to six months before the start date.
This allows greater flexibility for both managers and employees.

Finally, the DHS confirmed its authority to inspect worksites to ensure compliance with H-1B rules.
It can now deny or revoke visas or work permits based on what inspectors find during these visits.

Seeking Help Following the U.S. Department of Homeland Security News

Several locations can help you both understand and adhere to these new requirements. If you have questions, you should be able to find someone with the expertise and experience who can guide you through applying for or renewing one of these visas.

University and Employer Support Resources

Many universities have visa officers who offer dedicated support for students who have immigrated to the United States to learn. They can provide guidance on documentation and ensure that the student complies with the requirements of visas such as the F-1. They should also be able to explain the limits of optional practical training (OPT).

University career centers also often support students in seeking OPT and CPT employment. They can help them find jobs that align with DHS regulations and offer advice on the best ways to update DHS on their status.

Similarly, several human resource departments have experience working with foreign workers and can often help with visa processing for H-1B and O-1 applicants. Many employers may also offer sponsorship training or other resources, depending on the specific visa of the employee.

Consulting Legal Experts

Specialized immigration lawyers can often help clients understand their visas’ specific policies. They can discuss the impact of any policy updates and help them comply with the regulatory changes’ nuances.

If the individual requires additional help, a legal expert can tailor specific advice to each person to help them with their application. This service can be especially beneficial when discussing H-1B or O-1 visas, which demand that the job needs specific skills and the applicant to provably have them for the application to be successful.

These professionals can also examine any documentation the visa applicant wants to use or which they have received. Then, based on their extensive immigration experience, they can discuss what the applicant may be required to do. The lawyer can also appeal should a visa be rejected or revoked to protect the rights of any individual who feels they have received unfair treatment.

Meeting the New Visa Requirements with Confidence

With the latest U.S. Department of Homeland Security news and USCIS updates, you may have new doors opened to you. Conversely, you may find you cannot apply the same way you would have before. As such, it is crucial that you understand these changes to ensure you follow all relevant immigration regulations.

Boyer Law Firm has a strong legacy of helping in immigration law and can help clients such as yourself secure and protect their legal status within the country. So, contact us today to learn more about what we can do to help people such as yourself.