UNITED STATES – Reports of changes to H-1B extensions in 2018

The Department of Homeland Security may stop renewing H-1B extensions for individuals caught in the green card backlog, according to a McClatchy DC news bureau report on Saturday.

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The Department of Homeland Security may stop renewing H-1B extensions for individuals caught in the green card backlog, according to a McClatchy DC news bureau report on Saturday.

Currently, under the American Competitiveness in the 21st Century Act (AC21), DHS may grant an extension of H-1B status to an individual who is the beneficiary of a Form I-140 immigrant petition but who is unable to adjust status due to per-country limits. Since AC21 was passed in 2002, DHS has always approved H-1B extensions in this situation where a beneficiary is otherwise eligible for H-1B status.

McClatchy DC reports that DHS may now begin to apply a different policy on the basis that the statute is discretionary and that DHS may, but is not required to, approve an H-1B extension when the beneficiary is caught in the green card backlog due to per-country limits.

Will this happen? Click here for BAL's analysis of the situation.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@balglobal.com.

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