Last week, DHS sent a proposed H-1B rule to the White House Office of Management and Budget for review. The contents of the rule are not yet known; however, in the most recent Unified Regulatory Agenda, DHS stated that they intended to change several aspects of the H-1B program, including:
- revising regulations relating to the “employer-employee relationship” to provide flexibility for entrepreneurs and startups,
- providing start date flexibility listed on petitions,
- addressing “cap-gap” issues for the F-1 program,
- clarifying the requirement that a new or amended petition be filed when there was a material change,
- implementing new guidelines and requirements for site visits,
- and strengthening the H-1B registration processes to reduce misuse and fraud.
The most recent public information states that the proposed rule will be published in December; however, many believe the rule could be published sooner, even as early as next month.
Need to know: DHS hopes to have a portion of the rule in place before the H-1B lottery season in March 2024. The public will be able to comment on the proposed rule before the final policy implementation.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.