US | Fall 2022 Unified Regulatory Agenda

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. 


  • 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



Department of State:


Department of Labor: