I am the executive director of the National Foundation for American Policy, a non-partisan public policy research organization focusing on trade, immigration and related issues based in Arlington, Virginia.
international students will like some elements of a proposed USCIS H-1B visa rule, but other measures may generate opposition. , although other measures will generate opposition and invite litigation. The most significant change for many individuals will be how U.S. Citizenship and Immigration Services conducts the H-1B lottery. USCIS published the notice of proposed rulemaking on October 23, 2023, and it is subject to a 60-day comment period that could result in revisions.
USCIS anticipates a beneficiary could have more than one potential employer.
USCIS states, “The proposed change may also potentially benefit companies that submit legitimate registrations for unique beneficiaries by increasing their chances to employ a specific beneficiary in H-1B status.”F-1 students, often working on Optional Practical Training, now receive “cap-gap” protection when changing to H-1B status.
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