Policy Backgrounders

DHS Proposes H-1B Modernization

November 30, 2023

The Department of Homeland Security (DHS) proposed a new rule to modernize the H-1B temporary visa program for specialty occupations, amending eligibility requirements and the petition process to boost flexibility for workers and employers. However, it does not increase the number of visas, as only Congress can do that.

• The proposal would allow an individual worker to enter into the H-1B lottery process only once, aiming to halt the growing practice of multiple registrations that some employers have used to increase the chance of selection.
• Other changes seek to offer more flexibility to sponsoring employers, clarifying that eligibility extends to roles that “normally” require bachelor’s degrees in specialty fields and to occupations for which an employer accepts degrees from a range of fields, provided the employer can demonstrate that the degree relates to the job’s duties.
• The rule would also enhance program efficiency by allowing H-1B adjudicators at DHS to defer to prior approval when no underlying facts have changed, while also providing employers the ability to amend intended employment dates if adjudication occurs after the initially requested period.
• Some new employer requirements in the proposal could raise burdens on business, notably the need to provide evidence that required degrees are “directly related” to occupational duties.