以下是正文
对于H-1B六年以后的延期问题，受益于2000年通过的AC21 （The American Competitiveness in the 21st Century Act）法案，有两种方式：
1. 根据Sec.106(a)的规定，自申请人提交了PERM（如果不需要PERM就是提交了140）之后365天起，可以申请每次一年的延期，没有次数限制。这个条款的用词是“The AG shall extend...”，也就是没有不当理由就应当批准。
2. 根据Sec.104(c)的规定，如果申请人在140被批准后因为国别排期的问题不能提交485，那么可以申请延期，这里的用词是“the AG may grant, an extension...”，现行的延期时间是一次三年，基本上也是申请了就会批准，没有次数限制。这部分法案就是题主文章报道里面说DHS正在研究的部分。
January 1, 2018 DHS Evaluates Possibility of Rolling Back AC-21 H-1B Extensions What happened?
On December 30, 2017, McClatchy reported that the Department of Homeland Security (DHS) is considering regulations to prevent H-1B holders from extending their status past the six-year mark, as now allowed for by the Congressionally-approved AC-21 (American Competiveness in the 21st Century) act.
AC-21 allows H-1B holders who progressed far enough through the green card process to extend their H-1B status until green card backlogs clear. Hundreds of thousands of H-1B holders (mostly from India and China) have been waiting many years for backlogs to clear, and would be forced to leave the U.S. if these regulations are successfully implemented. Please note that as of now, there is no rule change, and H-1B holders may continue to request extensions under AC-21.
Further, for reasons that we explain below, we think it is highly unlikely that DHS will be allowed to implement regulations that roll back AC-21 extensions. What does this mean?
Under AC-21, there are two ways for H-1B holders to extend their H-1Bs past the statutory six-year period:
Section 106 one-year extensions: This provision states that the Attorney General shallextend the stay in one-year increments of an H-1B holder who has had a PERM application or I-140 petition filed on their behalf at least a year before the extension request.Section 104 three-year extensions: This provision states that an H-1B holder who has an approved I-140 petition and whose immigrant visa number is unavailable due to backlogs in their green card category may apply for extensions in three-year increments, and the Attorney General may grant these requests until an immigrant visa number is available to the H-1B holder.
Reports indicate that DHS, in furtherance of the President's Buy American and Hire American Executive Order, is evaluating whether Section 104's "may grant" language gives them discretion to stop granting extension requests altogether. We believe that DHS themselves or perhaps even a Federal court will ultimately decide that they do not have this authority to do so for the following reasons:
While DHS has the discretion to deny individual requests, it cannot decide to stop granting all requests as that would be facially inconsistent with the clear intent of AC-21, which Congress passed to expressly allow employees to continue working in the U.S. while they wait for long green card backlogs to clear. DHS is under a mandate to issue regulations that implement the will of Congress, not subvert it.Even if DHS feels strongly that it can stop approving three-year extensions requests under section 104, it is still obliged to allow one-year extension requests under section 106 ("the Attorney General shall extend the stay in one-year increments...") So, H-1B holders would just use section 106 instead of section 104.DHS's purported rationale of rolling back AC-21 extensions to protect American workers from being displaced in the workforce would not withstand judicial scrutiny, as all section 104 extension applicants have already passed the PERM labor market test to be eligible for the extensions in the first place.The "may grant" language merely follows the "may apply" language in section 104. It was not meant to give DHS discretion to stop granting extensions requests altogether.
For these reasons, we believe that the ability of H-1B holders to seek AC-21 extensions of their H-1B status will remain intact.
We will continue to monitor developments and provide updates as they arise. As always, we welcome you to connect with your *** counsel with any questions or concerns.
当年共和党提出的议案主要是为科学、科技、工程及数学(Science, Technology,Engineering and Mathematics ，简称STEM)高等学位毕业生提供5万个绿卡名额，免受十多年的移民排期之苦，但是代价是以5万个绿卡抽签名额(Diversity Visa Program)作为交换。结果呢，被著名的民主党华裔议员赵美心带头之下封杀了！此事随即在留学生社群引起一片骂声，美国当地华人社区也多不认同赵美心否决此案的理由。
美国现行的移民政策
这届政府站台的移民改革法案全名叫：
Reforming American Immigration for a Strong Economy Act (RAISE Act)
A Bill to Raise Working Wages& Boost American Competitiveness
法案的基本内容：
完全取消Diversity Visa program。 现在每年有5万个移民额度通过抽奖的方式发放给那些移民率比较低的国家。不考虑申请人本身的技能。限制难民移民额度，限制在5万以内。维持配偶及未成年孩子的移民，但是取消成年家庭成员非直系亲属的移民。以前是可以帮兄弟姐妹移民的。对于父母辈老人，会有一种新的可更新长期签证，主要用于养老的目的。意味着以后父母辈来美国养老，可能无法使用美国的福利。采用积分制工作签证制度。
There is currently no entry in the Unified Agenda relating to limiting H-1B extensions. If DHS does propose such a change, it would be published in advance and go through a notice and comment period.
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提升卡
置顶卡
沉默卡
喧嚣卡
变色卡
千斤顶
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