DHS Proposes Modernization of H-1B Program

On Oct 20, 2023, the U.S. Department of Homeland Security (DHS) announced proposed rule to modernize the H-1B specialty occupation worker program. The proposed rule aims to streamline eligibility requirements, enhance program efficiency, provide benefits for employers and workers, and strengthen integrity measures.

Key provisions of the proposed rule include revising eligibility criteria to ensure a direct relationship between degree fields and job duties, improving program efficiency by clarifying requirements for amended petitions due to changes in employment, and expanding exemptions to the H-1B cap for certain organizations. The rule also focuses on strengthening integrity measures by enhancing the registration process and enabling site visits.

The proposed rule is currently open for public comments, allowing stakeholders to provide feedback and suggestions. Once the comment period ends, DHS will consider the comments and draft responses before issuing a final rule.