In today’s blog update, we will be discussing the J-1, L-1, and H-1B policy updates announced by the USCIS.
Please keep in mind that the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS) have not long ago updated policies regarding J-1, L-1, and H-1B visa categories, revealing a broader aim to streamline the immigration process and safeguard compliance with immigration laws.
J-1 Visa Policy Updates:
Please note that USCIS has issued new policy guidance explaining the two-year foreign residence requirement for J-1 visa holders. This update delivers insight into how compliance with this obligation is assessed and addresses situations where it might be rationally impossible for visa holders to fulfill this requirement.
L-1 Visa Policy Updates:
For L-1 visa classification, an important update is the amplification that a sole proprietorship cannot file a petition on behalf of its owner as it’s not acclaimed as a distinct legal entity. This revision confirms existing guidelines, classifying sole proprietors from self-incorporated petitioners, and sheds light on blanket petition submission, mentioning that a delay in extension submission doesn’t activate a three-year waiting period for a new submission.
H-1B Visa Program Modernization:
It is to be noted that on 23 October 2023, DHS published a suggestion aimed at modernizing the H-1B program. The proposal touches on reforming eligibility obligations, enhancing program efficiency, and delivering additional benefits and flexibilities for both employers and employees. It also plans to reinforce integrity measures to alleviate abuse and fraud, mainly in the H-1B registration selection process. Under the new proposition, each unique individual would be entered into the selection process once, irrespective of the number of registrations submitted on their behalf, endorsing fairness and diminishing fraudulent entries.
Please keep in mind that these policy updates reflect an ongoing effort to streamline visa programs, making them more well-organized and fair, while also addressing specific issues pertinent to each visa category.
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