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ARTICLE · 19 OCTOBER 2023

H-1B Proposal Clears White House Review, Publication Expected Soon

Berry Appleman and Leiden
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A proposed regulation to "modernize" requirements and oversight in the H-1B visa program and provide additional flexibility in the F-1 student visa program has cleared review at the White House...

United StatesImmigration
Berry Appleman And Leiden
Berry Appleman And Leiden

A proposed regulation to "modernize" requirements and oversight in the H-1B visa program and provide additional flexibility in the F-1 student visa program has cleared review at the White House Office of Management and Budget.

  • The text of the proposed rule is not yet available, but OMB review is the last step in the regulatory process before publication.
  • According to the Department of Homeland Security, the proposed rule will:
    • Revise regulations related to the employer-employee relationship.
    • Implement new guidelines for site visits.
    • Provide flexibility on employees' start dates in limited circumstances.
    • Address "cap-gap" issues.
    • Strengthen the registration process to reduce the possibility of misuse and fraud.

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