H‑1B Rule Changes Proposed by DHS to Modernize Program

The Department of Homeland Security (DHS) is planning to revise its H‑1B regulations. These H‑1B rule changes aim to modernize the program and improve efficiency. DHS intends to streamline eligibility requirements, improve program operations, and strengthen integrity measures. In addition, the proposal would provide greater benefits and flexibility for both employers and workers.

Overview of the H‑1B Visa Program

The H‑1B nonimmigrant visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations. By statute, these occupations require highly specialized knowledge. They must also require a bachelor’s degree or higher in a specific specialty, or its equivalent.

Proposed Changes to the H‑1B Registration Process

Since USCIS implemented the electronic registration process in fiscal year 2021, the number of beneficiaries with multiple registrations submitted on their behalf has increased. Current regulations do not limit the number of registrations different entities may submit for the same individual. As a result, submitting multiple registrations increases the likelihood of selection in the H‑1B lottery.

Under the proposed rule, USCIS would change how selections are made. Each unique individual would be entered into the selection process only once, regardless of the number of registrations submitted on their behalf. This change would reduce or eliminate the advantage of submitting multiple registrations solely to increase selection chances. As a result, legitimate registrations would have a stronger likelihood of being selected.

Expanded Flexibilities for F‑1 Students

The proposed H‑1B rule changes also include additional flexibilities for certain nonimmigrants. Specifically, DHS proposes automatically extending the duration of F‑1 status and certain employment authorizations. These extensions would run through April 1 of the relevant fiscal year, rather than ending on October 1.

This change aims to prevent gaps in lawful status and employment authorization. It would particularly benefit F‑1 students transitioning to H‑1B status.

Firm Information

At Margaret Wong & Associates, we believe that staying informed is essential for employers and workers navigating immigration changes. By sharing updates on H‑1B rule changes, we aim to help our community understand how proposed regulations may affect hiring, compliance, and workforce planning. For additional immigration news and informational updates, please visit our news page.

If you are exploring immigration options or considering visa sponsorship for an employee, you may contact our offices at 216-566-9908 or visit our contact page.