The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program.

The abstract of the proposed rule indicates:

  • DHS will be revising the regulations regarding the “employer-employee” relationship;
  • Provide flexibility for start-up entrepreneurs who are on H-1B visas;
  • Implement new requirements regarding site visits for H-1B-dependent employers whose business information cannot be validated through commercially available data;
  • Provide flexibility on the proposed start date of petitions in certain circumstances;
  • Address “cap-gap” issues;
  • Bolster the H-1B registration process to reduce the possibility of misuse and fraud; and
  • Clarify when an amended or new petition must be filed based on material changes including streamlining notification requirements related to certain worksite changes among other provisions.

The rule reportedly has been cleared by the White House. This is generally the last step before the publication of the proposed rule for notice and comment in the Federal Register.

Jackson Lewis attorneys will provide updates regarding details as soon as they become available.