The Department of Homeland Security published an updated regulatory agenda this month, indicating that the Trump administration will continue to pursue plans to reform the H-1B annual allotment process and terminate H-4 work authorization, among other regulatory priorities. Here are some of the administration’s key proposals on employment-based immigration:
BAL Analysis: Most of the proposals in the regulatory agenda were already under consideration, though in many cases publication timelines have changed.
Regulatory changes do not take effect immediately—it usually takes a minimum of three months after a proposed regulation is issued before a final rule is published. When an agency publishes a proposed rule, members of the public are given the opportunity to submit formal comments to the government. The government agency is then required to review and consider these comments in drafting a final regulation. Typically, a regulation does not become effective immediately and has a 30-day delayed effective date.
Employers are encouraged to work with BAL to plan for possible changes, as well as to participate in the public comment period to help influence the direction of any new regulations. BAL will continue to provide clients with information on these and other regulatory and policy changes as it becomes available.
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