I’m so sorry for my lack of posting lately! I have been swamped with RFEs from the April H-1B lottery. I just want to take a quick minute to update you on the “Fall 2017” regulatory agenda that has been updated by the Department of Homeland Security.
Be aware that no changes are happening TODAY. These are just potential proposals for change that could happen in the future. Here are the big ones:
DHS may be proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization (in other words, they plan to propose a new regulation to undo the H-4 EAD regulation). Expect a proposed rule sometime after February 2018. YOU CAN CONTINUE TO FILE H-4 EADs! Check out my Facebook Live video from earlier today at: https://www.facebook.com/immigrationgirl/
DHS may propose to establish an electronic registration program for cap-subject H-1B filings. This action is being considered because the demand for H-1B specialty occupation workers by U.S. companies has often exceeded the numerical limitation. (Proposal may be announced in February 2018, but not sure how this could be implemented in time for the April 2018 lottery unless they try an “interim” final rule for good cause).
Another proposal may include a modified selection process for the H-1B lottery. (Proposal may be announced in February 2018, but not sure how this could be implemented in time for the April 2018 lottery unless they try an “interim” final rule for good cause).
DHS may be looking to revise the definition of specialty occupation to increase focus on obtaining the best and the brightest foreign nationals via the H-1B program, and revise the definition of employment and employer-employee relationship to better protect U.S. workers and wages. Look for this proposal in October 2018, this should not impact April 2018 filings since it would not be finalized in time.
Expect another fee increase to be announced in October 2018.