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DHS Reportedly Considering Changes to H-1B Extension Rules - UPDATED


January 9, 2018: In a news update on January 8, 2018, the McClatchy DC news service reported

that the U.S. Citizenship and Immigration Services (USCIS) has stated that it not considering a

regulatory change to the H-1B extension rules, as had previously been reported in a December 30,

2017 article by McClatchy DC. In particular, USCIS stated to McClatchy DC that the agency is

not considering changing its interpretation of section 104(c) of the American Competitiveness in

the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year

limit for H-1B workers who have reached certain milestones in the green card process. USCIS

went on to note that “such a change would not likely result in these H-1B holders having to leave

the United States because employers could request extensions in one-year increments under

section 106(a)-(b) of AC21 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 employment-based visa


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