There have been numerous positive changes for F1 students and OPT students filing H-1B next year.
DHS Withdraws Duration of status rule, which means international students on F1 visa are allowed to remain in the country, as long as they continue to be enrolled in coursework leading to their degree or research activity. This provides stable environment for students to pursue higher education in US.
Reversals or delays in H-1B rule, including a rule substantially raising prevailing wages, a rule changing the definition of “specialty occupation” and the “employer-employee relationship,” and a rule that would lead to the selection of H-1B cap cases on the basis of wage level – with the highest wage levels prioritized.
USCIS issued statement mentioning updating its policies around expedited processing of applications, changing the guidance around Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), and increasing the validity period for certain Employment Authorization Documents (EADs). The change in policy means that the applicants will now be given an opportunity to correct mistakes and unintentional omissions.
These changes are great relief for F-1 applicants pursuing higher education and applying H-1B.
For FY 2022 more than 308K H-1B cap registrations were submitted, 12% increases from FY 2021. With friendly rules for international students, there could be higher number of H-1B filed next year.
Given intense competition for H-1B, F-1 students with two or three years of OPT left, should take advantage of filing H-1B for FY 2023, as numbers could exceed past years.
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