USCIS Proposes Changes to H-1B Visa Program

On October 23, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a series of proposed changes to the H-1B visa program (NPRM) which are intended “to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures”. The H-1B visa program allows U.S. employers to temporarily employ foreign workers in occupations that typically require a bachelor’s or higher degree in a specific specialty, or its equivalent. Agencies employing H-1B workers should familiarize themselves with the proposed changes and begin making necessary operational changes and reviews of their visa sponsorship candidates for compliance.

More specifically, the more than 200-page proposed rule attempts to modernize the nonimmigrant category and tighten the annual lottery system that has long frustrated employers and employees alike. Among its other proposed changes, the rule would provide a more flexible definition of “specialty occupation,” address potential fraud issues by having USCIS select registrations by unique beneficiary, clarify when changes in the H-1B worker’s worksite require amended petitions, and provide for deference to prior USCIS determinations in order to provide greater certainty to visa holders and employers. The NPRM also proposes several measures to improve program integrity such as ensuring there is a bona fide job offer for a specialty occupation role, compliance with site visits, and third-party placement.

A more detailed review of the proposed changes can be found here. 

Comments on the proposed rule are due Dec 22, 2023. Immigration legal experts expect that the proposed regulations will be finalized and implemented in the coming months.

USCIS said that more than one final rule may come out of this proposal, with the anti-fraud provisions related to the H-1B cap registration process likely to be issued before next year’s process begins in early 2024.

Have questions about proposed regulatory changes to the H-1B visas program? Please contact Alison Pepper, 4As EVP of Government Relations & Sustainability