DHS Releases Proposed Rule for the Modernization of the H-1B Specialty Occupation Worker Program

Today, the Department of Homeland Security (DHS), in partnership with U.S. Citizenship and Immigration Services (USCIS), has introduced a Notice of Proposed Rulemaking (NPRM) aimed at modernizing the H-1B specialty occupation worker program. This proposal seeks to streamline eligibility criteria, enhance program efficiency, deliver greater advantages and flexibility to both employers and workers, and reinforce integrity measures.

The H-1B program plays a crucial role in helping U.S. employers secure the skilled workforce they need to stay competitive globally, while ensuring compliance with all U.S. worker protections.

The proposed rule envisions several key changes. It restructures the H-1B registration selection process to mitigate the potential for misuse and fraud. Unlike the existing system where multiple registrations increase an individual's likelihood of selection, the new proposal ensures that each unique individual with a registration submitted on their behalf gets a single entry into the selection process. This levels the playing field and enhances the chances of legitimate registrations being chosen.

Additionally, the proposed rule simplifies eligibility requirements, enhances program efficiency by deferring to prior determinations when circumstances haven't changed, provides greater benefits and flexibility for employers and workers, and bolsters integrity measures.

We invite public input during the 60-day comment period, beginning upon publication of the NPRM in the Federal Register.

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