What’s Happening?

On October 23, 2023, USCIS published a proposed rule to modernize the H-1B program. The proposed rule primarily aims to address abuse of the H-1B cap registration system and to streamline requirements for the H-1B program. The proposed rule would revise the definition of an H-1B specialty occupation, clarify the definition of employer-employee relationship, extend the duration of F-1 OPT cap gap work authorization, and take various measures to enhance the integrity of the H-1B cap registration system, among other things. The proposed provisions will not take effect until finalized and the agency clarified that the proposed rule, especially the amendments to the H-1B registration process, may be finalized in stages and may or may not be implemented in time for the upcoming FY2025 H-1B registration window.

USCIS will accept public comments submitted online on or before December 22, 2023. Following the public comment period, the agency will review all comments and ultimately publish a final rule formally amending the H-1B regulations.