On June 21, the White House published its Spring Regulatory Agenda. The unified regulatory agendas are published twice a year and provide the public with a preview of administrative rulemaking across all federal agencies. In a press statement, the White House highlighted its plans to issue regulations addressing health care, the environment, and climate change.
In addition, the agenda includes a list of proposed rules that would impact foreign nationals.
- Notably, the Biden administration appears to have postponed indefinitely the efforts to allocate H-1B visas based on wage levels and pushed back the previously discussed plans to allow ongoing virtual review of the Form I-9 documents.
- Also postponed is the rule to increase fees for certain immigration applications and petitions. The revised date for publication is now March 2024.
- Still in the agenda, USCIS is considering updates to the H-1B visa program, including redefining the H-1B employee and employer relationship, clarifying change of status requirements, and others. The H-1B rule proposal is expected to be published in December.
The administration is also looking to increase the use of technology, including possibly permanently enshrining I-9 remote document verification, waivers of some in-person interviews, and other expedited processing measures.
A relevant list of rules follows:
Final Rule Stage:
- Removal of Obsolete Procedures and Requirements Related to F, M, and J Nonimmigrants
- Interim final rule to be published in June 2022
- Temporary Increase of the Automatic Extension Period of Employment Authorization
- Temporary final rule comment period ends on July 5, 2022
- Deferred Action for Childhood Arrivals
- Final rule to be published in August 2022
- Public Charge Inadmissibility
- Final rule to be published in August 2022
- Visas: Temporary Visitors for Business or Pleasure
- DOS is reconsidering its proposal to eliminate two sentences from the regulation governing nonimmigrant visitors for business, eliminating the B-1 business visitor category in lieu of the H-1B and H-3 categories
- Final rule to be published in July 2022
- Electronic System for Travel Authorization (ESTA) Operational Fee Change
- Interim final rule to be published in October 2022
- Electronic Photograph in Support of a Visa Application
- Final rule to be published in December 2022
- Personal Appearance Waiver for Immigrant Visa Applicants
- Final rule to be published in December 2022
- Updated Schedule of Fees for Consular Services–Nonimmigrant and Special Visa Fees
- Final rule to be published in December 2022
Proposed Rule Stage:
- Public Charge Visa Ineligibility (State Dept)
- Proposed rule to be published in July 2022
- Passport Addition of Gender X Marker
- Proposed rule to be published in July 2022
- Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9)
- Proposed rule to be published in July 2022
- USCIS Fee Schedule
- Proposed rule to be published in September 2022
- 9-11 Response & Biometric Entry-Exit Fees for H-1B and L-1 Visas
- Proposed rule to be published in October 2022
- Updating Adjustment of Status Procedures for More Efficient Processing and Immigrant Visa Usage
- Proposed rule to be published in May 2023
- Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States
- Establishes a new wage methodology for setting prevailing wage levels for the H-1B/H-1B1/E-3 and PERM programs
- Proposed rule to be published in October 2022
- Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program
- DHS reiterated that they intend to modernize regulations relating to the “employer-employee relationship” and provide flexibility to entrepreneurs. The regulations also intend to implement new requirements and site visits for H-1B dependent employers.
- Proposed rule to be published in May 2023
Erickson Insights
Erickson Immigration Group will continue to share 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.