Department of Homeland Security (DHS) to Make Key Changes to H-1B and F-1 Visa Regulations

September 26, 2023
×Close
  DHS is taking action to improve the regulations surrounding H-1B specialty occupation workers and F-1 students. With the proposed rule currently under review at the Office of Management and Budget (OMB), we can expect to see more details published by December 2023. Here are the key changes being considered:
  1. Clearer Guidance on Employer-Employee Relationships: This revision aims to provide better clarity when an H-1B worker is placed at a third-party worksite.
  2. Enhanced Site Visit Requirements: New guidelines and requirements for USCIS site visits will help define procedures and clarify statutory authority.
  3. Fairer H-1B Cap Registration Process: Changes may be implemented to ensure equal treatment for all applicants in the H-1B lottery selection process.
  4. Improved H-1B Amendment Guidelines: The proposed rule will offer further clarification on job changes that necessitate an amended H-1B filing.
  5. Increased Flexibility on Employment Start Dates: Limited circumstances may allow for greater flexibility with employment start dates, although specifics are yet to be revealed.
  6. Addressing Cap-Gap Issues: Issues related to the cap-gap, which occurs between the expiration of OPT or STEM EAD and the start date of an approved H-1B, may be tackled in this rule.
The proposal, which could have significant implications for H-1B and F-1 visa programs, is still awaiting publication. Once released, there will be a 30-60 day notice-and-comment period before it becomes a final rule.
Upcoming Webinars
VIEW ALL

Related News

VIEW ALL
USCIS Will Email Notifications to H-2A Petitioners, Use Pre-Paid Mailers to Send Requests for Evidence

Beginning today, Jan. 22, 2018, USCIS will email notifications of receipt and approval to H-2A (temporary agricultural worker) petitioners who fileForm I-129, Petition for a Nonimmigrant Worker. Also starting today, USCIS will use pre-paid mailers provided by H-2A petitioners to send requests for evidence (RFE) if issued in a case. These process changes apply only […]

Over 200,000 H-1B visa workers could lose legal status by June Concerns arise about “a catastrophe at a human level and an economic level” if visa issues aren’t addressed.

Manasi Vasavada has less than three weeks left before she loses her legal right to be in the country. The dental practice in Passaic County, New Jersey, where Vasavada, 31, has worked for almost two years closed its doors in mid-March due to Covid-19. She has been on an unpaid leave of absence ever since. […]

Remote Work Verification Allowed for New Hires Under DHS Rule

Employers will get a permanent option for verifying employment eligibility remotely beginning Aug. 1 under new Homeland Security Department regulations. The rule was released Friday ahead of the Aug. 30 expiration of temporary, Covid-19 era flexibility for employment verification. Companies that have used that option for the past three years have scrambled in recent weeks to review […]