H-1B Modernization Regulation Nears Finality

The White House’s Office of Information and Regulatory Affairs (OIRA) is currently reviewing the proposed overhaul and modernization of the H-1B visa program.

Key Information
  • The original rule has been bifurcated.
  • The portion of the rule under final White House review will address abuse of the H-1B lottery system by basing the selection of registrations on individual workers rather than the number of entries submitted on their behalf.
  • The bifurcated final rule is expected to be finalized in advance of February 1, 2024, so that it can be implemented before the March H-1B selection.
  • The OIRA review is the last step in the regulatory process before finalizing in the Federal Register.
Erickson Insights

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.