Last week, the Biden administration released its regulatory agenda outlining its plans to issue rules and regulations across federal agencies. Relevant proposals impacting immigration policy are detailed here.
USCIS:
- Improving Adjustment of Status (proposed rule expected in July 2023)
- Permit the transfer of the underlying basis of a pending adjustment of status application
- Amend the definition relating to ineligibilities under section 245(c)
- Change the age calculation under the Child Status Protection Act
- Authorize employment authorization for certain derivative beneficiaries waiting for immigrant visa availability when they present compelling circumstances
- Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program (proposed rule expected in October 2023)
- Revise the regulations relating to the “employer-employee relationship”
- Provide flexibility for start-up entrepreneurs
- Implement new requirements and guidelines for site visits, including in connection with petitions filed by H-1B dependent employers whose basic business information cannot be validated through commercially available data
- Provide flexibility on the employment start date listed on the petition (in limited circumstances)
- Address “cap-gap” issues
- Bolster the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system
- Clarify the requirement that an amended or new petition be filed where there are material changes, including by streamlining notification requirements relating to certain worksite changes, among other provisions
ICE:
- Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9) (final rule expected in May 2023)
- This proposed rule was published on August 18, 2022; DHS is reviewing public comments and is anticipating publishing the final rule in May 2023
- Revise employment eligibility verification regulations to allow DHS to authorize alternative document examination procedures in certain circumstances or with respect to certain employers
Department of State:
- Schedule of Fees for Consular Services (final rule expected in March 2023)
- Increase H, L, O, P, Q, R nonimmigrant visa consular fees from $190 to $310
- Personal Appearance Waiver for Immigrant Visa Applicants (final rule expected April 2023)
- Permit waiver of requirement that an immigrant visa applicant appear personally before a consular officer for an interview and application execution
- Documentation in Support of Visa Application (final rule expected in January 2023)
- Clarify that uploading an electronic photograph in support of a visa application and signing and submitting the application online is the equivalent of furnishing a signed photograph
- Ineligibility Based on Public Charge Grounds (proposed rule expected January 2023)
- Revise regulation on the public charge grounds of visa ineligibility in light of public comments received and change in policy
- Documentation of Immigrant Visas Under the Immigration and Nationality Act (proposed rule expected in January 2023)
- No longer permit informal evaluation of family members’ visa eligibility if the principal applicant precedes them
Department of Labor:
- Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens (proposed rule expected in September 2023)
- Establish a new wage methodology for setting prevailing wage levels for the H-1B/H-1B1/E-3 and PERM programs