DHS No Longer Seeking to Eliminate H-1B Extensions

DHS No Longer Seeking to Eliminate H-1B Extensions

On January 8, 2018, the McClatchy DC news service reported that the U.S. Citizenship and Immigration Services (USCIS) stated that it is no longer considering a regulatory change to the H-1B extension rules.

Specifically, USCIS stated that the agency is not considering changing its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which allows for H-1B extensions beyond the six-year limit for H-1B workers who have reached certain stages in the green card process.

This is great news for employers who may be in the process of sponsoring skilled foreign national employees for permanent resident status. Without being able to file H-1B extensions for these employees who are subject to long visa backlogs, there would be no way to ensure their continued work authorization while their green card applications are pending.

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