On Oct. 20, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking to modernize and streamline the H-1B specialty occupation worker program. Many of the proposed updates will directly impact the tens of thousands of F-1 students studying in Pennsylvania. Those students wishing to join the U.S. workforce need to enter the H-1B cap lottery, or otherwise pursue H-1B status outside of the lottery.

Students enrolled in F-1 educational programs in the United States typically turn to the H-1B program after graduation to work for a U.S. employer. The H-1B visa is often the only visa option available to these students once they have exhausted the periods of work authorization allowed under the post-completion optional practical training (OPT) program. The current regulations governing the H-1B cap registration and application process have presented several issues for international students—namely unintended gaps in work authorization, shortening of H-1B validity periods and decreased chances of lottery selection.