Potential Changes to H-1B Extension Rules

A proposal with new regulations that would potentially prevent H-1B visa extensions beyond 6 years is reportedly being considered by the Department of Homeland Security (DHS). The new regulations would potentially stop many foreign workers from keeping their H-1B visas while their green card applications are pending.

Under current law, the American Competitiveness in the Twenty-First Century Act (AC21), DHS can grant an H-1B extension to an H-1B worker who has reached the 6 years limit if certain milestones in the green card application process have been met, e.g. PERM approval, I-140 approval.

DHS has not issued a proposed regulation or formal announcement. The proposed regulation change could take months. We will continue to monitor the progress.