US Plans New Changes to H-1B Visa Program

The US Department of Homeland Security is contemplating revisions to the H-1B visa program, with a proposed regulation currently under consideration by the Office of Management and Budget. This proposal aims to adjust eligibility for cap exemptions, intensify audits of employers violating program rules, and enhance oversight of H-1B workers assigned to third-party worksites.

The specifics of these changes remain undisclosed until the regulation is approved for publication in the Federal Register. These modifications were previously outlined in DHS's regulatory agenda, released in July.

In addition to these changes, OMB is independently assessing a DHS proposal to impose an additional $103,265 fee on all H-1B cap-subject petitions, encompassing change-of-status and consular-notification petitions. DHS also announced an expansion of a fee on August 1st, targeting employers with a significant proportion of H-1B and L-1 workers.

Simultaneously, the US Department of Labor has suggested raising the minimum wage for H-1B workers and other immigration programs governed by wage requirements. Following the clearance of the latest H-1B proposal from federal review, it will be published in the Federal Register and subjected to public comment, lasting either 30 or 60 days. The modifications will not commence immediately. DHS will first evaluate the public comments prior to releasing a definitive regulation with an implementation date.