The H-1B visa is a nonimmigrant work visa that allows an international worker in a specialty occupation to come to the U.S. and to go on the payroll of a U.S. corporation. A specialty occupation is one that requires a Bachelor’s Degree or its U.S. equivalent in a specialty occupation in the sciences, medicine, health care, education, biotechnology, computer technology, and business.

The Department of Homeland Security (DHS) is considering new regulations that would prevent foreign workers from getting H-1B Visa Extensions while their green card applications are pending. If the proposal is passed by the US Congress, it has the potential to affect thousands of highly-skilled foreign professionals working in the U.S.

The proposed change is to Section 106(a) of American Competitiveness in the Twenty-First Century Act of 2000 (“AC-21”), PL 106-313, §106(a), which allows extensions of H-1B visas beyond the 6-year H-1B validity period (in 1-year increments) provided a labor certification, I-140, or employment-based adjustment application, has been filed at least 365 days prior to the end of the 6-year H-1B validity.

The proposal is part of President Trump’s “Buy American, Hire American” initiative promised during the 2016 presidential campaign. If approved by Congress, the new provisions will “create a sort of ‘self-deportation’ of hundreds of thousands of tech workers in the United States to open up those jobs for Americans,” a U.S. source briefed by Homeland Security officials recently said.

The impact on highly-skilled foreign workers, their families, as well as their Employers will be tremendous. An alternative legal strategy may become necessary to stay and to work in the U.S.

At this juncture, the information is only a “rumor” and is nothing more than speculative. However, NPZ Law Group, P.C. will do its best to keep everyone informed of new developments.

If you should have any questions or would like to learn more about how the U.S. immigration and nationality laws may impact you, your family, your friends, or your colleagues, please feel free to contact NPZ Law Group, P.C. by sending an email to info@visaserve.com ; by calling us at 201-670-0006 (x107) ; or by visiting our website at https://www.visaserve.com