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Original Date Announced
April 3, 2017USCIS will now take a "targeted" approach when conducting site visits to investigate fraud and abuse of the H-1B program. USCIS will focus on: 1) cases where USCIS cannot validate the employer’s basic business information through commercially available data; 2) employers with a high ratio of H-1B workers compared to U.S. workers; and 3) employers petitioning for H-1B workers who work off-site at another company. [ID #467]
Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and AbuseEffective Date
April 3, 2017Biden Administration Action: Proposed Revocation/Replacement/Modification
October 23, 20232023.10.23 Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers
On October 23, 2023, DHS issued a notice of proposed rulemaking revising H-1B requirements, including those affecting the site visit process. The proposed rule would codify the circumstances under which USCIS has the authority to conduct a site visit and the consequences of failure to comply with a site visit, which may include denial or revocation of the petition.
View DocumentBiden Administration Action: Modified
December 18, 20242024.12.18 DHS Final Rule Modernizing H-1B
This Biden administration policy modifies the Trump-era policy identified in this entry.
On December 18, 2024, DHS announced its final rule on Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers. The new rule codifies DHS' authority to conduct site visits and clarifies that refusal to comply with site visits may result in the denial or revocation of a petition.
The final rule is effective January 17, 2025.
View DocumentCurrent Status
Fully in EffectMost Recent Action
December 18, 2024 Action: Modified 2024.12.18 DHS Final Rule Modernizing H-1BOctober 23, 2023Acted on by Biden Administration
December 18, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCIS
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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