USCIS : Has taken a significant step by submitting a proposed regulation to the Office of Management and Budget for evaluation, aimed at modernizing the H-1B visa program.
This marks the initial phase in the regulatory process, which involves soliciting public input and is anticipated to span several months before the rule is finalized.
The proposed regulation is expected to bring about various changes to the H-1B program. These changes encompass redefining the employer-employee relationship, introducing site visit requirements and guidelines for agency officials, addressing the issue of F-1 visa cap-gap, and enhancing anti-fraud measures within the H-1B cap e-registration system.
Many of these aspects were highlighted as agenda items in the Biden administration’s first bi-annual agenda, which was unveiled in June 2021. Often, the organizations where they complete their OPT sponsor them for an H-1B work visa.
USCIS & H-1B Application
If the H-1B application is filed in a timely manner, they can continue working beyond the expiration date on their OPT employment authorization document while waiting for the October 1 start date of an approved or pending H-1B application.
However, if the H-1B application isn’t processed by October 1, the student must cease working as of that date. Many students have faced difficulties due to delays in processing, and the proposed rule is expected to offer a solution to this issue.
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