USCIS Actions to Support Adjustment of Status Applicants Who are in H-1B Status in the United States
Published: 09/18/2023- Congress sets the annual immigrant visa limits. Historically, demand for these visas, regardless of country of origin, is much higher than the annual limits can accommodate.
- Although we issued an unprecedented number of employment based green cards in fiscal years 2022 and 2023, the employment-based numerical limits for FY 2024 and beyond are not expected to be as high as in previous years because fewer family-based immigrant visas will go unused, resulting in less carryover to the employment-based allocations.
- Allowing certain spouses of H-1B nonimmigrants to apply for employment authorization, if the H-1B nonimmigrant is the beneficiary of an approved Form I-140;
- Issuing two recent policies to help address those who are “aging-out.” USCIS plans to expand these efforts in an upcoming proposed Adjustment of Status regulation;
- Publishing clear guidance on job mobility, clarifying that H-1B nonimmigrants may be able to remain in the country for up to 60 days after their H-1B employment ends, and that they can search for new employment while on a B-1/B-2 visa;
- Issuing guidance on the eligibility criteria for Compelling Circumstances EADs;
- Announcing process enhancements for deferred action requests by workers, including H-1B workers, to support labor and employment agency investigations;
- Working to publish a notice of proposed rulemaking, which will propose various changes to modernize H-1B requirements and oversight; and
- Publishing information on the full range of options for STEM professionals and entrepreneurs to work in the United States.
Read More : Uscis.gov
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