Department of Homeland Security Says “Use It or Lose It” to H1B Petitioners

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?