Immigration Update with Lin Walker
Business
Department of Homeland Security Says “Use It or Lose It” to H1B Petitioners
2023-12-03
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In the Notice of Proposed Rulemaking (NPRM), published by the Department of Homeland Security (DHS or the Agency) on October 23, 2023, DHS proposes to create a “Use or Lose” provision that would prohibit “banking” H-1B time.
Such provision would require beneficiaries of approved H-1B cap petitions to timely enter the U.S. and commence employment with the petitioner.
Why is DHS making such a proposal?
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