In the Notice of Proposed Rulemaking (NPRM), published by the Department of Homeland Security (DHS or the Agency) on October 23, 2023, DHS proposes to create a “Use or Lose” provision that would prohibit “banking” H-1B time.
Such provision would require beneficiaries of approved H-1B cap petitions to timely enter the U.S. and commence employment with the petitioner.
Why is DHS making such a proposal?