H-1B proposal under White House review, publication expected this fall

A proposed rule to “modernize” H-1B requirements and oversight and provide additional flexibility in the F-1 student visa program is under review at the White House Office of Management and Budget.

‌Key Points:

• The text of the proposed rule is not yet available, but review at the White House OMB is the last step in the regulatory process before publication.
• According to the Department of Homeland Security, the proposed rule would:
  • Revise regulations related to the employer-employee relationship.
  • Implement new guidelines for site visits.
  • Provide flexibility on employees’ start dates in limited circumstances.
  • Address “cap-gap” issues.
  • Strengthen the registration process to reduce the possibility of misuse and fraud.
  • Clarify the requirement that an amended or new petition be filed if there are material changes.

BAL Analysis: The proposal could have broad consequences for the H-1B and F-1 visa programs; however, the text of the rule has not yet been published. In June, DHS indicated it was targeting December 2023 for publication, but it is possible the proposal will be published before then. The proposal will go through a 30- to 60-day notice-and-comment period before it is updated and published as a final rule, and it will likely have a delayed effective date. BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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