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 partners with Justice Department and Secures First Denaturalization As a Result of Operation Janus

USCIS partners with Justice Department and Secures First Denaturalization As a Result of Operation Janus Release Date: Jan. 10, 2018 On January 5, Judge Stanley R. Chesler of the U.S. District Court for the District of New Jersey entered an order revoking the naturalized U.S. citizenship of Baljinder Singh aka Davinder Singh, and canceling his […]

Processing Change for Certain Form I-730 Petitions

On January 12, 2018, USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States […]

Supreme Court blocks Trump from ending DACA

The Supreme Court on Thursday blocked the Trump administration’s attempt to end Deferred Action for Childhood Arrivals, an Obama-era program that protects hundreds of thousands of immigrants brought to the US as children from deportation.   The 5-4 ruling was written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, […]