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Proposal to Overhaul H-1B Visa Program Under White House Review


Jilchika

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Sept. 4, 2020, 10:05 AM
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  • Changes coming to definition of specialty occupation
  • Proposed rule also targets H-1B employer-employee relationship

A proposed rule that would amend which jobs qualify for high-skilled H-1B visas, and how U.S, Citizenship and Immigration Services will define an employment relationship, is one step closer to publication.

The Department of Homeland Security, which houses the agency that adjudicates immigration benefits, submitted the regulation Thursday to the White House Office of Information and Regulatory Affairs, according to an online posting. 

Review by the White House regulatory office is typically the last step before a federal agency releases a regulation to the public for comments.

The proposal, which has appeared in each of the Trump administration’s regulatory agendas since fall 2017, aims to revise the definition of what is considered an H-1B visa specialty occupation and the definition of an employer-employee relationship within the program. 

The H-1B visa program has been a target of President Donald Trump since he was elected. The goal of the revisions to the visa program is to create a merit-based system for non-immigrant workers, prioritizing visas for individuals who have been offered the highest wages, senior administration officials said on a call with reporters in June.

The proposed changes will “increase focus on obtaining the best and the brightest foreign nationals via the H-1B program” and “better protect U.S. workers and wages,” according to a description of the rule.

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