The Trump Administration and USCIS Changes Course on Previous Statements Regarding H-1B Extensions

Research help by Sean Kane.

This report is pursuant to our previous report regarding the Trump Administration and the Department of Homeland Security’s potential changes regarding H-1B Visa extensions. The Trump Administration and U.S. Citizenship and Immigration Services are reversing course on their previous claim overhauling the H-1B Visa extension system preventing foreign tech workers from keeping their visa’s longer than six years.

USCIS Chief of Media Relations Jonathan Withington confirmed with McClatchy, a Washington D.C. news service, “USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions beyond the 6 year limit.” USCIS further elaborated, “Even if it were, such a change would not likely result in these H-1B visa holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.” Withington confirmed that USCIS never considered such a policy change and that any suggestion that it did “is absolutely false.”

These statements correspond with what we understand to be only proposals. We will update you as we learn more information from our various sources regarding any policy changes and potential changes to the H-1B system.