US | Spring Regulatory Agenda Published

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:
Proposed Rule Stage:
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.