The Department of Homeland Security (DHS) recently published a
final rule implementing some changes to the H-1B nonimmigrant category. These changes and clarifications contain provisions that DHS proposed on October 23, 2023, to “modernize and improve the efficiency of the H–1B program, add benefits and flexibilities, and improve integrity measures.” After considering the public comments on the proposed rules, the DHS has finalized some provisions.
Most of the new regulations are not a change in policy or practice, but they are now formalized into guidelines to better ensure clarity and consistency. However, there are a few new rules, including codifying the “deference policy.” This means that when an extension is filed by the same employer for the same beneficiary and no material changes to the facts, U.S. Citizenship and Immigration Services (USCIS) will defer to their previous approval. The deference policy applies to all the nonimmigrant categories.