Cap–GapĮxtension is an automatic extension of F-1 OPT status that may be 1, but the beneficiary's OPT employmentĪuthorization may expire before the H-1B start date. Request, the earliest date that the student can change to H-1BĮmployment is Oct. The H-1B CAP petition and the accompanying change of status The F-1 visa holder may be eligible to have their F-1 status andĮAD extended through September 30 of that year. IfĪn F-1 visa holder's H-1B CAP petition was filed prior to theĮxpiration date on their Employment Authorization Document (EAD), The expiration of an F-1 student's OPT or STEM OPT workĪuthorization and the October 1 start of an H-1B CAP petition. Student visa holder may be eligible for employment through F-1 OPT Upon graduation from a higher education degree program, an F-1 The H-1B registration process in order to ensure that allĪpplicants are treated equally in the selection process. The proposed rule may implement changes to That they are committed to deterring and preventing abuse of the Noted that the "large number of eligible registrations forīeneficiaries with multiple eligible registrations" raisedĬoncerns regarding the abuse of the current registration processĪnd whether bona-fide job offers truly existed. Reported an increase in the number of registrations submitted onīehalf of beneficiaries with multiple registrations. Registrations submitted compared to prior years. USCIS hasĪnnounced that during the registration period for the FY 2024 H-1BĬap, they found there was a significant increase in the number of Registration fee for each registered beneficiary. Petitions for employees must electronically register and pay a $10 POSSIBILITY OF MISUSE AND FRAUD IN THE H-1B REGISTRATION SYSTEM ANDĮmployers/Petitioners that wish to sponsor H-1B cap-subject BOLSTER THE H-1B CAP REGISTRATION PROCESS TO REDUCE THE Visit, this may result in the revocation of an H–1B petition.Ĭhanges to requirements and guidelines for USCIS site visits couldĬlarify USCIS's statutory authority and further define Information or conflicting information is provided during a site If USCIS is unable to verify the required In the H-1B petition, in order to ensure compliance with H–1B USCIS may conduct on-site visits to verify information contained INCLUDING FOR PETITIONS FILED BY H-1B DEPENDENT EMPLOYERS AND WHERE IMPLEMENT NEW REQUIREMENTS AND GUIDELINES FOR SITE VISITS, To provide clearer guidance for third-party arrangements. Regarding employer-employee relationship determinations are likely Such evidence can include workĬontracts or work orders, to establish that there is actual workĪvailable for the H-1B employee. Third-party worksites, the employer should submit evidence of theĮmployer-employee relationship. When an H-1BĮmployee works for an employer and may be placed at one or more The employee are critical factors in this assessment. Review how the employee is supervised while working off-site.įactors such as the ability to hire, pay and fire the employee, whoĪssigns the employee projects and the right to control the work of To determine whether there is anĮmployer-employee relationship in such cases, USCIS will typically Third-party worksite is a worksite, other than theīeneficiary's residence, that is not owned, leased or operated,īy the petitioning employer. Issue for contractors, and companies that utilize such services). Scrutinized more closely when an employer intends to assign anĮmployee to work at one or more third-party worksites (often an Purposes, the employer-employee relationship tends to be OMB is examining regulatory changes in the following areas: CLARIFYING THE DEFINITION OF "EMPLOYER-EMPLOYEEĪmong other requirements, an H-1B employer must establish theĮxistence of a valid employer-employee relationship. That shapes the final regulatory language. Regulations is likely a year away, publication of this noticeĪllows employers to be ready to contribute to the public comment Program." The proposed rule is currently under review at the Requirements and Oversight and Providing Flexibility in the F-1 The Title of the proposed rule is "Modernizing H-1B Workers and F-1 students with timely filed H-1B Cap subject The Department of Homeland Security (DHS) has proposed a rule toĪmend H-1B requirements and oversight for H-1B specialty occupation
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