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The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program.

Many of these changes have been proposed before, but have not yet made it to the rulemaking stage.

Among what to expect are the following:

  1. USCIS is planning to release a notice of proposed rulemaking to

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Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers  the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the…

Beginning September 11, 2018, USCIS immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).

On September 6, 2018, the Ombudsman’s Office provided further details on the new policy change. The following was noted:

  • The new policy takes effect

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While the hope was that the temporary suspension of premium processing for cap-subject H-1B petitions would end on September 11, 2018, USCIS announced on August 28, 2018, that the suspension will continue and be expanded to include other H-1B petitions.

As of September 11, 2018, the suspension will apply to the following H-1B petitions:

  • All

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The Trump Administration is continuing its assault on outsourcing and staffing firms. The latest Administration focus is on the STEM OPT program.

In April 2018, without notice, USCIS made certain changes to its website. It declared, among other things, that a STEM OPT employer “may not assign, or otherwise delegate, its training responsibilities to…

USCIS will be issuing Notices of Continued Evidence of Work Authorization for certain Haitian TPS beneficiaries who applied for new EADs, but still have not received them.

In November 2017, DHS announced that Haitian Temporary Protected Status would terminate on July 22, 2019. At that time, individuals with TPS EADs that expired on January 22,…

As of September 11, 2018, immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).

This is yet another of the new policies in the wake of the Buy American, Hire American Executive Order (BAHA) that are making it…