WASHINGTON — The US Department of Homeland Security is planning changes to the H-1B visa program. A new proposed regulation is currently under review.
The proposal is being examined by the Office of Management and Budget. The details have not yet been made public.
The planned changes could affect H-1B visa eligibility and employer compliance. They may also increase oversight of companies employing foreign workers.
One major area involves exemptions from the H-1B visa annual cap. The proposed rules could revise eligibility requirements for certain cap-exempt petitions.
DHS is also considering stricter action against employers that violate H-1B program rules. Companies found breaching requirements could face increased scrutiny.
The proposal may also strengthen monitoring of H-1B workers at third-party worksites. This could affect workers placed at client locations by staffing companies.
More H-1B Visa Changes Under Review
The latest proposal is part of broader changes being considered for the H-1B visa system. DHS included the planned measures in its regulatory agenda released in July.
The proposal will remain confidential until it completes the federal review process. Details are expected after the regulation is cleared for publication.
Meanwhile, another major H-1B visa proposal is under review by OMB. It would introduce an additional $103,265 fee for certain H-1B petitions.
The proposed fee would apply to H-1B cap-subject petitions. This includes petitions involving changes of status and consular notifications.
DHS also expanded another employer fee in early August. The fee targets companies with a high share of H-1B and L-1 workers.
The US Department of Labor is considering separate wage changes. The proposal would increase minimum required wages for H-1B workers.
These changes could have significant effects on employers hiring foreign professionals. They could also influence future costs associated with the H-1B visa program.
Public Comments Will Follow
The latest H-1B proposal must complete federal review before publication. It will then appear in the Federal Register.
The public will have an opportunity to submit comments after publication. The comment period could last either 30 or 60 days.
The proposed changes will not become effective immediately. DHS must first review feedback submitted during the public comment period.
After reviewing the comments, the department may issue a final regulation. The final rule would include an implementation date.
Until that process is completed, the proposed changes remain under consideration. Employers and H-1B workers will need to await the final decision.
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The developments reflect the US government’s continued focus on immigration oversight. They could bring further changes to the H-1B visa system in the coming months.
