The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will be attempting to revise the H-1B visa program due to the recent fraudulent issues impacting past registrations. A rise in multiple H-1B application submissions for a singular applicant has led to the revised process, which would be based on each applicant identified in the registration pool, as opposed to each application.
The revised changes will also extend “cap-gap” protection for F-1 students changing to H-1B status from October 1st to April 1st. With this, the revisions tighten the criteria of degrees applicable for H-1B status, stating “that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the position.”
Another major revision is the emphasis on agency site inspections, which can include onsite visitation, interviews, and review of relevant records. Any refusal to comply can result in denial or revocation of the H-1B visa petition.
In the next 60 days, the public will be able to comment on the proposed changes. The USCIS hopes to address at least some of these issues before the 2024 H-1B cap registration.
Contact a Work Visa Lawyer Regarding Proposed Regulations
Immigrant employees and their employer sponsors should pay close attention to these proposed regulations which may impact their future applications if passed.
Reeves Immigration Law Group has a team of work visa lawyers prepared to guide individuals and companies through these uncertain times, providing creative solutions to address all immigration needs while remaining compliant with the latest regulations. Any minor mistake can put one’s immigration status in jeopardy, making it advisable to work directly with a California immigration lawyer to ensure the most successful outcome.
To discuss how these regulations may impact your H-1B application, contact our immigration attorneys today.