USCIS Submits Proposed Regulation to Amend the H-1B Program
US Citizenship & Immigration Services (USCIS) submitted it’s proposed regulation to update the H-1B program, to the Office of Management and Budget (OMB). The rule is currently scheduled to be published in the Federal Register in December 2023. The rule is not yet public but is expected to address the following issues in the H-1B program, based on USCIS’s own description of the rule:
Amend the definition of “employer-employee relationship” and provide flexibility for start-up entrepreneurs
Implement new requirements and guidelines for site visits including in connection with petitions filed by H-1B dependent employers whose basic business information cannot be validated through commercially available data
Provide flexibility on the employment start date listed on the petition (in limited circumstances)
Address "cap-gap" issues;
Bolster the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system; and
Clarify the requirement that an amended or new petition be filed where there are material changes, including by streamlining notification requirements relating to certain worksite changes, among other provisions.
After clearance by OMB, the rule will be published and USCIS is expected to accept public comments for 60 days. After consideration of comments, the agency will publish a final rule. It is not yet clear if the rule will be finalized or implemented for the FY2025 H-1B lottery registration period, in March 2024.
