Recently, we have seen several news stories discussing a rumored
government proposal to eliminate H-1B extensions beyond the
standard six-year limit. No such action has yet been taken, and to
date H-1B visa holders may continue to request extensions based on
the provisions of the American Competitiveness in the Twenty-First
Century Act (AC21). Under current law, extensions beyond the
initial H-1B period of six years are available to foreign nationals
with pending green card petitions. The law that enables
beyond-limit extensions, commonly known as AC21, mainly benefits
persons born in India and China, who are subject to lengthy green
card backlogs.
The proposal has been reported by the press, often with
attention-grabbing headlines. The articles report that the Trump
administration and Department of Homeland Security (DHS) are
evaluating whether language used in sections of AC21 allows the
government to stop granting H-1B extensions beyond the six-year
limit.
