The US Citizenship and Immigration Services (USCIS) has submitted a proposed regulation aimed at modernizing the H-1B visa program to the Office of Management and Budget (OMB) for review. This marks the initial step in the regulatory process, and the complete procedure, which involves soliciting public feedback, will span several months before the rule is finalized.
The proposed rule is expected to make various adjustments to the H-1B program, including redefining the employer-employee relationship, establishing site visit requirements and guidelines for agency officials, addressing the F-1 (student visa) cap-gap issue, and enhancing anti-fraud measures within the H-1B cap e-registration system. Many of these aspects were previously mentioned as agenda items in the Biden administration’s first bi-annual agenda unveiled in June 2021.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.