ISSUES

Comment Letter on Modernizing H—1B Requirements, Providing Flexibility in the F—1 Program, and Program Improvements Affecting Other Nonimmigrant Workers (DHS Docket No.  USCIS-2023-0005)


Comment Letter on Modernizing H—1B Requirements, Providing Flexibility in the F—1 Program, and Program Improvements Affecting OtherNonimmigrant Workers (DHS Docket No.  USCIS-2023-0005)

The Presidents’ Alliance submitted a comment letter to the Department of Homeland Security regardingthe United States Citizenship and Immigration Services’ (USCIS) notice of proposed rulemaking to increase flexibilities for F—1 students changing their status to H—1B.

The Presidents’ Alliance supports the extension of the automatic “cap gap” extension to avoid disruption to an F—1 student’s employment authorization, which would allow American-trained students to apply their knowledge and skills to positions in the United States. In recognition of the unique role colleges, universities, and nonprofit research organizations play in both training and employing H–1B visa holders, the Presidents’ Alliance also supports shifting from the current “primarily engaged” cap exemption standard to the more precise “fundamental activity” test to better capture the work done by H—1B visa holders relative to an organization’s mission.

While supporting these proposals, the Presidents’ Alliance also opposes the Proposed Rule’s restrictive changes to the definition of “specialty occupation,” which would require extra- statutory and counterproductive matching exercises between degrees and specialty occupations that could preclude talented graduates from applying their skills in a number of occupations.

Comment letters on this topic were also submitted by the Institute for Progress (IFP), the Immigrant Legal Resource Center (ILRC), and the American Council on Education (ACE).

Read the Comment Letter here.