USCIS Considering Elimination Of Some H-1B Extensions Beyond Sixth Year

Potential change would impact three-year extensions under the American Competitiveness in the Twenty-first Century Act.

Recent press reports suggest that United States Citizenship and Immigration Services (USCIS), the agency responsible for adjudicating H-1B petitions, is studying the possibility of eliminating extensions of stay for some H-1B beneficiaries beyond six years. This is in an apparent attempt to comply with the April 18, 2017 Buy American, Hire American executive order. Such extensions are currently available

1. in one-year increments under Section 106(a) of the American Competitiveness in the Twenty-first Century Act (AC21) if the green card process was started at least one year before the sixth H-1B anniversary is reached (by the filing of a PERM labor certification application or an I-140 petition), and