On 23 October 2023 the Department of Homeland Security published a proposed rule to modernise the H-1B programme. The headline change was a beneficiary-centric registration system: each individual would be entered into the lottery once regardless of how many employers registered them, removing the incentive for multiple registrations seen in the FY2024 season.
Other proposals
- Clarified criteria for specialty occupation positions, including how a range of acceptable degrees is treated.
- Codified deference to prior approvals where the facts are unchanged.
- Provisions on third-party placement, with the third party's requirements used to judge whether the position is a specialty occupation.
- Cap-exemption clarifications and start-date flexibility.
What it means for staffing
The third-party placement provisions directly affect consulting and staffing firms. Vakula's practice is to document the end-client requirements in the engagement file and to align the petition to them. For consultants, the beneficiary-centric lottery improves fairness and reduces the value of registering through many employers.