The Biden Administration released its Fall 2023 Unified Regulatory Agenda. The agenda provides the public with notice of the Executive Branch’s plan to issue agency rules and regulations. The most recent Unified Agenda provides some insight into the Biden Administration’s upcoming plans on immigration policy. Notably, the Department of Labor has withdrawn its plan to increase prevailing wages for the H-1B, PERM, and other wage-protected immigration programs. Other particularly noteworthy upcoming immigration rules are noted below:
State Department:
- H-1B Domestic Visa Renewal Pilot Program (Expected to start in February 2024)
- DOS will resume domestic visa renewal for qualified H-1B nonimmigrant visa applicants who meet certain requirements. State will provide information regarding requirements for participation in the pilot and how qualified individuals will be able apply for domestic visa renewal.
- Personal Appearance Waiver (Final Rule expected in February 2024)
- The rule will amend the requirement that immigrant visa applicants personally appear before a consular officer.
- Passports: Third Party Attendance (Final Rule expected in December 2023)
- This rule will allow individuals to accompany U.S. passport applicants to Consular Report of Birth Abroad (CRBA) and certain other U.S. citizen services appointments in certain circumstances.
Department of Homeland Security:
- USCIS Fee Schedule (Final Rule expected in April 2024)
- USCIS published a proposed fee rule in January 2023 and the public comment period ended in March 2023. USCIS is expected to publish their final fee rule in April 2024 with implementation shortly thereafter.
- Petition for Immigrant Worker Reforms (Proposed Rule expected August 2024)
- The proposed rule would codify current policy guidance and implement administrative decisions regarding successorship-in-interest and ability to pay; update provisions governing extraordinary ability and outstanding professors and researchers; modernize outdated provisions for individuals of extraordinary ability and outstanding professors and researchers; clarify evidentiary requirements for first preference classifications, second preference national interest waiver (NIW) classifications, and physicians of national and international renown; implement reforms to ensure the integrity of the I-140 program; and correct errors and omissions.
- Modernizing Regulations Governing Nonimmigrant Workers (Proposed Rule expected October 2024)
- The rule will update the employment authorization rules regarding dependent spouses of certain nonimmigrants; increase flexibilities for certain nonimmigrant workers, including those who resign or are terminated from employment,and additional measures to modernize policies and procedures for Employment Authorization Documents.
- Adjustment of Status Regulations (Proposed Rule expected March 2024)
- The rule will permit the transfer of underlying basis of a pending adjustment of status application, amend the definition relating to ineligibilities under INA section 245(c), change the age calculation under the Child Status Protection Act, and authorize employment authorization for certain derivative beneficiaries waiting for immigrant visa availability when they present compelling circumstances. The intent of the proposed changes is to reduce processing times, improve the quality of inventory data provided to partner agencies, reduce the potential for visa retrogression, and promote the efficient use of immediately available immigrant visas.
Department of Labor:
- Schedule A Revision to Include Occupations in STEM (Pre Rule Stage, Request for Information)
- DOL announced that they are considering updating Schedule A of the labor certification process in science, technology, engineering, and mathematics (STEM) occupations. DOL is providing the public with an opportunity to provide input on whether Schedule A serves as an effective tool for addressing current labor shortages, and how DOL may create a timely, coherent, and transparent methodology for identifying STEM occupations that are experiencing labor shortages.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing 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.