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ARTICLE · 25 OCTOBER 2023

DHS Publishes Proposed H-1B Regulations

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program.

United StatesImmigration
John F. Quill
John F. Quill
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On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would "modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures."

The proposed rule has a 60-day notice and comment period, and the final rule is expected to be published in late December or early January. Interested parties may submit comments to the proposed rule here.

The proposed rule has many provisions, and we break down the most significant into the following categories:

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