United States: H-1B Visa Lottery Oversight Would Tighten Under DHS Proposal

Source: news.bloomberglaw.com

Published: 20 October 2023

A Department of Homeland Security proposal aims to clamp down on abuse of the annual H-1B visa lottery by selecting registrations based on unique beneficiary, regardless of how many registrations are submitted on their behalf.

The proposed regulations (RIN: 1615-AC70) released Friday also address guidelines for voluntary work-site visits as part of compliance reviews and requirements to file new visa petitions when employment details have changed.

The proposal also offers more flexibility for entrepreneurs aiming to launch start-ups while on H-1B visas. And it aims to address “cap-gap” issues that arise when student visa holders’ work authorization ends before the start date of their employment on an H-1B.

The Biden administration’s “priority is to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system,” Homeland Security Secretary Alejandro Mayorkas said in a statement.

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