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  • The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have published a Notice of Proposed Rulemaking (NPRM) to modernize the H-1B specialty occupation worker program.
  • The proposed changes aim to streamline eligibility requirements, improve program efficiency, provide more benefits and flexibilities for employers and workers, and strengthen integrity measures.
  • The H-1B program helps U.S. employers hire foreign workers in specialty occupations while ensuring compliance with U.S. worker protections.
  • The proposed rule would change the H-1B registration selection process to reduce misuse and fraud by allowing each individual to be entered into the selection process only once, regardless of the number of registrations submitted on their behalf.
  • Additional provisions of the proposed rule include:
    • Streamlining eligibility requirements for specialty occupation positions.
    • Improving program efficiency by deferring to prior determinations when no facts have changed.
    • Providing greater benefits and flexibilities for employers and workers, including expanding exemptions and extending flexibilities for F-1 visa students.
    • Strengthening integrity measures by prohibiting related entities from submitting multiple registrations for the same beneficiary and codifying USCIS' authority to conduct site visits. Refusal to comply with site visits may result in petition denial or revocation.
Learn More:
  • Click here and here to read excellent, in-depth analysis of this proposed rule by Stuart Anderson, Executive Director of the National Foundation for American Policy.
  • Click here to read the official DHS Announcement.
  • Click here to read the full text of the proposed rule.
Please contact us at info@klugfirm.com or (212) 495-9245 for assistance.

You can access our previous Client Alerts
 here.
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