Last week, the Trump administration released proposals for changes that would affect the H-1B program, H-4 employment authorization, and F-1 practical training. The plans appeared in the Administration’s semi-annual regulatory agenda, published by the Office of Information and Regulatory Affairs. Specifically, the proposals addressed the following:
H-4 EAD
- Removal of employment authorization eligibility for H-4 spouses.
H-1B Criteria
- Revision of the definition of an H-1B specialty occupation to obtain the “best and brightest” applicants.
- Revision of the definition of employer and employee relationship to protect the U.S. worker and wages.
- Increased wage-related requirements to ensure H-1B visa holders are paid appropriate wages.
H-1B Lottery
- Pre-registration requirement for H-1B petitioners seeking to submit H-1B cap petitions.
- A modified selection process giving priority to highly paid and highly skilled applicants.
F-1 OPT
- Revision of practical training rules for students on F and M visas to improve protections for U.S. workers who may be negatively impacted by the employment of foreign students.
EIG will provide more analysis and details on these proposals as more information becomes available.