On Friday, the Biden Administration released its Spring Uniform Regulatory Agenda. The agenda lays out a roadmap of the areas in which the administration plans to issue regulations. The complete list of proposed DHS regulations can be found here.
A proposed rule on H-1B reform outlines the following priorities for the administration:
- DHS proposes to revise the regulations relating to the “employer-employee relationship”;
- Implement new requirements and guidelines for site visits, including in connection with petitions filed by H-1B dependent employers and H-1B petitions, where there is indicia of fraud;
- Provide flexibility on the employment start date listed on the petition (in limited circumstances);
- Address “cap-gap” issues;
- Clarify the requirement that an amended or new petition be filed where there are material changes, including by streamlining notification requirements relating to certain worksite changes, among other provisions;
- Amend regulations governing H-1B specialty occupation workers and F-1 students who are the beneficiaries of timely filed H-1B cap-subject petitions;
This rule is still in the early proposed stages of rulemaking, so these are broad priorities that could change drastically at the final stages. The agenda also includes a rule on premium processing expansion that is in the final state of rulemaking.
Erickson Immigration Group will continue to send updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.