On October 23, 2023, the U.S. Citizenship & Immigration Services (USCIS) published a Notice of Proposed Rule Making (NPRM) to amend the H-1B regulations in order to modernize and improve the H-1B program, add benefits and flexibilities and improve integrity.

Members of the general public may submit comments through 12/22/2023 at: https://www.federalregister.gov/documents/2023/10/23/2023-23381/modernizing-h-1b-requirements-providing-flexibility-in-the-f-1-program-and-program-improvements.

 The following changes have been proposed by the NPRM:

• Streamlining eligibility requirements – criteria for H-1B positions would be revised to reduce confusion and to clarify that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the position;
• Improving program efficiency – by codifying that adjudicators generally should defer to a prior determination when no underlying facts have changed at time of a new filing;
• Providing greater benefits and flexibilities for employers and workers – certain exemptions to the H-1B cap would be expanded for certain nonprofit entities or governmental research organizations and those employed at them. DHS would also extend certain flexibilities for students on an F-1 visa when students are seeking to change their status to H-1B. Additionally, DHS would establish new H-1B eligibility requirements for rising entrepreneurs; and
• Strengthening integrity measures – by changing the selection process, and reducing misuse and fraud in the H-1B registration process by prohibiting related entities from submitting multiple registrations for the same beneficiary. The rule would also codify USCIS’ authority to conduct site visits and clarify that refusal to comply with site visits may result in denial or revocation of the petition.