Breaking News- New Administration Coming – Time Sensitive Business Immigration Updates

This squarely fits under a Tale of Two Administrations. The Biden Administration, which can be credited with meaningful advances in immigration policy and regulation (notably, without any major immigration legislative achievements), has taken one final action with a final rule titled “Modernizing H–1B Requirements, Providing Flexibility in the F–1 Program, and Program Improvements Affecting Other Nonimmigrant Workers.” This regulation is generally intended to streamline and codify existing policies in advance of the Trump Administration's promise to be a change agent.

We are providing this update to ensure clients are aware of several key updates and possible changes:

1. After January 17^th, failing to file an H-1B amendment in advance of a material change will void the H-1B. While it has always been important to notify the government of material changes through an amended filing, the regulation now expressly contains language that voids the H-1B for failure to do