Final H-1B Modernization Rule Advances To Federal Review

At a glance

• A final regulation that is expected to make important modifications to the H-1B program and related programs and requirements is now under review at the federal Office of Management and Budget (OMB), putting the rule closer to publication and implementation.

• The contents of the final rule are confidential until publication, but as proposed, the rule sought to revise the definition of the H-1B specialty occupation, strengthen cap gap protections for F-1 students awaiting a change of status to H-1B, strengthen USCIS's site visit authority, streamline the processes and requirements for amending nonimmigrant petitions, and codify the agency's longstanding policy of deference to its prior approvals, among other provisions. The final rule could contain some or all of the provisions in the proposal.