McClatchy reports that the Trump Administrationhas backed down from a threat that would have eliminated the ability of H-1Bworkers with long-pending green card cases to extend their H-1B status beyond 6years. They had previouslyreported that the Trump Administration was considering the change to H-1Bextensions.
In a recentMU Law blog, we outlined the reasons that such a policy change was contraryto law. We explained that The Trump Administrationwould have lost if challenged in court. WhileSection 104 of AC21 might provide arguable cover for a Trump policy change, Section 106 of AC21 could not have been changed. Therefore any policy change to Section 104would have simply resulted in USCIS granting H-1B extensions in one-yearincrements under Section 106.
McClatchyquotes an unnamed USCIS official who confirms our analysis and the analysis ofmany members of the business immigration bar:
“What we can say, however, is thatUSCIS is not considering a regulatory change that would force H-1B visa holdersto leave the United States by changing our interpretation of section 104(c) ofAC-21, which provides for H-1B extensions beyond the 6 year limit,” the agencytold McClatchy. “Even if it were, such a change would not likely result inthese H-1B visa holders having to leave the United States because employers couldrequest extensions in one-year increments under section 106(a)-(b) of AC21instead.”