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DHS’s Plans to Update H-1B Still in Drafting Phase

October 4, 2018

No firm date on when new regs will be released for public comment 

Update: Plans to reform the H-1B program are moving slowly. In a regulatory agenda announced in December, and discussed in a Bloomberg article released today, the Administration proposed revising the definition of an H-1B specialty occupation to obtain the “best and brightest” applicants, among other proposals.

Despite months of delay, the Administration has still not released details of their plan. When asked for specifics by Bloomberg, a USCIS agency spokesman stated “[T]he administration has been relentlessly pursuing merit-based policy and regulatory immigration reforms, including a thorough review of employment based visa programs so they benefit the American people to the greatest extent possible,” but declined to provide specifics about the planned H-1B proposal.

Next Step: Once the agency proposal is drafted, there are several steps the rule must pass through before taking effect, including publication for public comment. Rules can also be challenged in federal court, delaying their implementation.

Image Source: GWU Regulatory Studies Center