Analysis and Interpretation of H-1B Extension Eligibility Pursuant to Federal Law

News of a potential change in policy related to the American Competitiveness in the 21stCentury Act (AC21) has begun to spread throughout the legal and immigrant communities. Sources claim that the Trump Administration is considering regulatory changes to the policy regarding H-1B extensions beyond the standard 6-year maximum. There certainly are changes to the AC21 regulations that could be made. However, without Congressional approval, the plain language of the statute makes it unlikely that the Administration could completely eliminate the ability of H-1B workers to extend status beyond six years. Continue reading