The Department of Homeland Security (DHS) is preparing a proposed regulation that would make significant changes to the H-1B nonimmigrant program. The proposal is currently under review by the Office of Management and Budget (OMB).
What Could Change?
While the full contents of the proposal remain confidential until publication, DHS has indicated that the rule may:
- Revise eligibility requirements for H-1B cap exemptions;
- Increase scrutiny of employers found to have violated H-1B program requirements;
- Expand oversight of H-1B workers placed at third-party worksites; and
- Introduce other changes affecting H-1B employers and workers.
The proposed rule is part of a broader series of regulatory and fee changes affecting the H-1B program, including proposals involving increased H-1B fees and higher wage requirements.
What Happens Next?
If the proposal clears OMB review, DHS is expected to publish it in the Federal Register, followed by a 30- or 60-day public comment period. The proposed rule will not take effect immediately upon publication. DHS must first review public comments and issue a final rule establishing an effective date. Employers and H-1B workers should closely monitor these developments, as the proposed changes could have a significant impact on H-1B eligibility, compliance, worksite arrangements, and filing strategies. If you have questions about how this may affect your organization or immigration matters, or if you would like a case-specific assessment, please book an appointment here.
This alert is for informational purposes only and does not constitute legal advice.