Biden Administration Releases Fall 2021 Regulatory Agenda

On December 13, the Biden administration published its Fall 2021 regulatory agenda, which gives the public notice of the areas the federal government intends to regulate in the coming year. Relevant highlights for immigration policy are listed here:

  • Department of Homeland Security:
    • The implementation of the Emergency Stopgap USCIS Stabilization Act, including the expansion of premium processing
    • A rule to modernize H-1B requirements and oversight and provide flexibility in the F-1 program
    • The permanent implementation of the Deferred Action for Childhood Arrivals (DACA) program
    • An update to the U.S. Citizenship and Immigration Services fee schedule
    • A rule to clarify inadmissibility on public charge grounds
    • An optional alternative to the physical examination associated with Employment Eligibility Verification (Form I-9)
    • The removal of obsolete procedures and requirements related to F, M, and J nonimmigrants
    • An expansion of biometric entry-exit fees for H-1B and L-1 Visas
  • Department of Labor:
    • A rule to strengthen wage protections for the temporary and permanent employment of certain aliens in the United States
  • Department of State:
    • A regulation to require K visa applicants to undergo medical examinations
    • A revision of the schedule of fees for consular services
    • The elimination of the use of the B-1 visitor category in lieu of the H-1B visa category