US Immigration Update: USCIS Backs Off Its Threat To Foreign Workers Who Rely On AC-21 To Extend Their H-1B Classification Beyond 6 Years

Under intense pressure from the business community, US Citizenship and Immigration Services (“USCIS”) appears to be backing away from a proposed policy shift that was causing great concern for certain H-1B holders regarding their ability to extend their H-1B status for the longer term. The proposed policy shift sought to change the USCIS’ long-standing interpretation of Section 104(c) of American Competitiveness in the Twenty-First Century Act (“AC-21”), which provides for 3-year H-1B extensions beyond the 6-year limitation.    

Importantly, even if USCIS were contemplating such a change it would not likely result in these H-1B visa holders having to leave the United States because employers could request extensions in one-year increments under Section 106(a)-(b) of AC-21 instead. 

USCIS did, however, indicate that the agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American” executive order, including conducting a “thorough review” of all employment-based visa programs.  

We will continue to closely monitor this issue as well as any other proposed policy and regulatory changes to the employment-based immigration system.

By Meyner & Landis LLP, US, a Transatlantic Law International affiliated firm. 

For further information or for any assistance regarding US immigration law please contact Anthony Silato or Scott R. Malyk at usimmigration@transatlanticlaw.com

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