In 2023, the US Citizenship and Immigration Services proposed regulations to the H-1B lottery process to crack down on the rise in fraudulent issues impacting past registrations, including the submissions of multiple H-1B applications for a singular applicant. The new rule is to consider each applicant identified in the registration pool, as opposed to each application. This has since gone into effect for the FY 2025 H-1B registration lottery.
Another aspect of the proposed change is the tightening of the criteria of degrees applicable for H-1B status, requiring “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.” The rule also stresses the need for 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.
The White House Office of Information and Regulatory Affairs is now in the process of reviewing the final rule.
Contact a Work Visa Lawyer Regarding Proposed Regulations
Upon approval from the White House, the updated H-1B rule is expected to soon go into effect. 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.
