USCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2024

US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2024 (“FY 2024”), which runs from October 1, 2023 to September 30, 2024.  This applies to both the congressionally mandated 65,000 FY 2024 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS also noted it will be sending non-selection notifications to registrants’ online accounts in the course of the next few days.

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DHS Publishes Proposed Rule to Modernize H-1B Program

On October 23, 2023, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking in the Federal Register to “modernize the H-1B specialty occupation worker program.” There is a sixty-day notice and comment period for the proposed rule, and the public is invited to submit comments on the Federal Register website.

The proposed rule sets out to impose changes to the H-1B program, as well as to codify a number of existing rules. We must point out that the proposed rule is quite lengthy; therefore, our summary does not cover all of the proposed changes. We will outline a few of the most notable proposed changes below which we feel may be of most interest to our community.

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Immigration Could be the Key to US Growth

According to a November 29, 20203 published report by The Brookings Institute (“Brookings”), “new census projections show immigration is essential to the growth and vitality of a more diverse US population.” Immigration could hold the key to issues within social security, health care, and basic demographics as America gets older.

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H-1B Visa Domestic Visa Renewal Pilot Program Set to Start in January 2024

On November 28, 2023, the Department of State (“DOS”) announced the launch of a Pilot Program which will permit an initial Twenty Thousand H-1B visa holders to renew their visas by mailing them to the State Department rather than having to travel abroad to renew. The program which was first made public in February 2023 is set to debut in January 2024.

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