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Update on Rumor that Trump Administration Will Seek Elimination of Certain H-1B Extensions

10 Jan

The McClatchy DC Bureau has recently reported that the Trump Administration is no longer considering new regulations that would eliminate H-1B extensions for H-1B workers who have reached certain milestones in the permanent residency process. In an earlier report, the McClatchy DC Bureau indicated that “The administration is specifically looking at whether it can reinterpret the ‘may grant’ language of the American Competitiveness in the 21st Century Act to stop making the extensions.” It currently appears that the Administration is not considering such action.

What Should H-1B Employers Do?

H-1B employers should continue filing extensions on behalf of their H-1B workers as soon as they become eligible. In most cases, extension petitions can be filed within six months prior to a worker’s existing H-1B status expiration, or earlier if there has been a change in the terms and conditions of employment that may require an amendment. Employers should contact their Foster immigration attorney to initiate H-1B extensions and amendment petitions as needed. Employers should also contact their Foster attorney to begin the permanent residency process on behalf of H-1B employees filling key positions within the organization who are needed on a permanent basis.