Inrecently issued H-1B approval notices the USCIS has approved the H-1B for lessthan the requested 3 years. The USCIS has explained the H-1B was issued forless than 3 years because the employee’s professional license expired beforethe end of the 3 year H-1B term.
TheUSCIS is mistakenly interpreting a clause of the code of federal regulations tostate that an H-1B approval notice can be shortened to the validity period of anemployee’s permanent professional license, when the law clearly states the H-1Bcan only be shortened to the term of a temporary license.
Itis crucial that employees closely monitor the expiration date of theirprofessional licenses, along with other documentation required for the H-1Bfiling, and timely renew all documents. This includes the professional license,passport, and Visa Screen (FCCPT certificate or CGFNS Visa Screen).
Statesvary in their procedures for renewing professional licenses and the validityterm of the professional license. In addition, the length of time a passport isissued for varies by country. Visa Screens are valid for 5 years from the dateof issuance and can take several months to renew. All foreign nationals shouldclosely monitor the expiration dates of their documents.