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USCIS Quells Rumors about H-1B Extension Limits

January 10, 2018

USCIS has confirmed that it is no longer considering eliminating the ability of H-1B holders to extend beyond the six-year limit. “The agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American Executive Order, including a thorough review of employment-based visa programs,” said the Chief of Media Relations, Jonathan Withington yesterday. “What we can say, however, is that 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.”

Therefore, USCIS has confirmed that it is no longer considering eliminating H-1B extensions beyond the six-year limit. Rumors of a purported end to this practice recently circulated in the wake of a report from McClatchy DC Bureau on December 30, 2017. Initial reports of such changes prompted a harsh reaction from both business leaders and members of the Congressional Caucus regarding India and Indian-Americans. Sources indicate that the Administration received considerable backlash from the technology and business communities. The change in the Administration’s change in stance is described as a “major accomplishment for everyone who came together to express their outrage about a cruel and vindictive policy.”

EIG will continue to monitor this situation and bring you updates as they become available.