US delays H-1B visa system overhaul, F-1 student protection rules
H-1B visa system haul to the end of the year.
The Department of Homeland Security (DHS) is gearing up to release several significant regulations, with the most anticipated being the modernization of the H-1B program. Earlier this year, U.S. Citizenship & Immigration Services (USCIS) shifted the H-1B cap lottery to selection by beneficiary rather than registration, alongside measures to prevent fraud.
The next phase, slated for December 2024, will enhance cap-gap protections for F-1 students, revise the H-1B specialty occupation definition, expand the Fraud Detection and National Security site visit program, and ensure USCIS adjudicators defer to prior decisions.
In April 2024, DHS extended the automatic employment authorization for certain renewal applicants from 180 to 540 days. This temporary rule is under review to determine if the extension should become permanent, with a decision expected by December 2024.
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Biometrics for noncitizens
DHS is also plans to broaden its authority to collect biometrics from noncitizens upon departure. Current regulations limit collection to pilot programs and certain entry points, but the upcoming December 2024 regulation will remove these restrictions and enhance photograph requirements at entry and exit.
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