DHS Pursues Proposed H-1B Program Modernization Rule
As part of the federal government’s announcement of its proposed agendas, the Department of Homeland Security announced that they continue to pursue a previously mentioned proposed rule to amend the H-1B system. The proposed rule is expected to address the following aspects of the H-1B category and process:
Redefine the H-1B employer-employee relationship to provide flexibility for start-up entrepreneurs,
Establish requirements and guidelines for the Fraud Detection and National Security (FDNS) site visits,
Clarify cap-gap benefits for F-1 students awaiting a change of status to H-1B,
Provide limited flexibility regarding employment start dates listed on petitions,
Clarify what a material change is to H-1B employment, requiring an amended petition,
Streamline the required notification requirements when an H-1B employee changes worksite, and
Increase anti-fraud safeguards in the H-1B cap registration system.
The proposed regulation is expected to be published in December 2023.
