U.S. Citizenship and Immigration Services on Friday posted a proposed regulation to “modernize” the H-1B visa program.
The proposed rule would have broad consequences for H-1B oversight and requirements; however, it is still in the early stages of rulemaking. Once the proposal is published, the government will accept public comments for 60 days and will review the comments before publishing a final rule. It is not yet clear whether the rule will be in place in time for FY2025 H-1B cap registration.
USCIS said the proposed rule was crafted to (1) modernize H-1B requirements and improve efficiency, (2) provide greater benefits and flexibilities for petitioners and beneficiaries and (3) improve integrity measures.
Additional Information: The 227-page rule is expected to be published in the Federal Register on Monday, Oct. 23. A pre-publication version was posted Friday and is available here.
BAL Analysis: The proposed rule would have significant impacts to the H-1B visa program, but it is not clear if the new provisions or a proposed increase to the H-1B registration fee will be in effect in time for the upcoming cap season registration. USCIS indicated it may seek to finalize provisions related to cap registrations separately from other provisions in the proposal to have those in place for the upcoming cap season. BAL will continue to review the proposed regulation and will provide updates as it moves through the regulatory process. BAL will host a webinar on the proposed changes to the H-1B program. Details will be available soon.
This alert has been provided by the BAL U.S. Practice group.
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