Potential H-1B Changes Could Ease Complications When Hiring Pennsylvania's F-1 Students

On October 20, 2023, the Department of Homeland Security (“DHS”) issued a Notice of Proposed Rulemaking to modernize and streamline the H-1B specialty occupation worker program. Many of the proposed updates will directly impact the tens of thousands of F-1 students studying in Pennsylvania. Those students wishing to join the United States workforce need to enter the H-1B cap lottery, or otherwise pursue H-1B status outside of the lottery.

Students enrolled in F-1 educational programs in the United States typically turn to the H-1B program after graduation to work for a U.S. employer. The H-1B visa is often the only visa option available to these students once they have exhausted the periods of work authorization allowed under the post-completion Optional Practical Training (“OPT”) program. The current regulations governing the H-1B cap registration and application process have presented several issues for international students – namely unintended gaps in work