DHS Proposes Rule to Amend H-1B and F-1 Visa Regulations: A Comprehensive Overview

The Department of Homeland Security (DHS) is proposing amendments to H-1B requirements and F-1 program regulations, a rule presently under review by the Office of Management and Budget (OMB). The proposed changes aim to modernize H-1B requirements and oversight, address cap-gap issues, and offer more flexibility in the F-1 program. Key areas under scrutiny include the definition of the employer-employee relationship, especially in third-party worksite assignments, guidelines for site visits, and the prevention of misuse and fraud in the H-1B cap registration process. Additionally, the proposed rule could clarify filing amended H-1B petitions and offer flexibility on employee start dates. While implementation is likely a year away, employers are advised to monitor developments and participate in the public comment period to influence the final language of the regulation.

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please don’t hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.