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ARTICLE · 21 SEPTEMBER 2023

H-1B Proposal Under White House Review, Publication Expected This Fall

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

United StatesImmigration

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

‌Key Points:

  • The text of the proposed rule is not yet available, but review at the White House OMB is the last step in the regulatory process before publication.
  • According to the Department of Homeland Security, the proposed rule would:
    • 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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