The Department of Homeland Security presented a proposed rule for the H-1B visa program. The rule addresses fraud concerns in the annual lottery process and other updates. The rule has been reviewed and cleared White House review.

The proposed rule, if passed, gives greater flexibility for entrepreneurs who wish to launch new businesses while on the H-1B visa. In addition, site visit guidelines would be updated for large employers with a minimum of 15% of their employees on H-1B visas. Finally, the updated rule adjusts requirements for work-site condition changes, including job location. Specifics on how concerns over fraud have not been released.

The proposed rule now proceeds to publication in the Federal Register.

H-1B visas are temporary work visas, capped at 85,000 annually. These visas allow employers to hire foreign workers who have specialized skills for up to two three-year terms. Further extension options are available under some circumstances. The H-1B visa follows a lottery process. Individuals register to be considered. Those chosen then have the option to file the appropriate paperwork for their H-1B visa. Selection in the lottery solely gives individuals the ability to apply for a visa. In recent years, DHS and U.S. Citizenship and Immigration Services noted concerns due to the high number of individuals with multiple registrations in the lottery system. The concern is some individuals may be trying to improve their odds of selection by submitting multiple entries.

ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about the H-1B visa or any other immigration-related issue, contact us. We work with our clients to ensure they get the right advice.

H-1B Visa