Trump Administration Begins White House Review of Wider H-1B Visa Overhaul
Washington — The Trump administration has begun White House review of a proposed overhaul of the H-1B visa program, signaling another potentially significant change to an employment-based immigration pathway widely used by Indian professionals.
The Department of Homeland Security submitted the proposal, titled “Reforming the H-1B Nonimmigrant Visa Classification Program,” to the White House Office of Information and Regulatory Affairs on Monday.
The proposal has been classified as economically significant, meaning it could have an annual economic impact of at least $100 million or materially affect employment, productivity, competition or a major sector of the economy.
The federal regulatory docket lists the measure as a proposed rule under U.S. Citizenship and Immigration Services, but its detailed provisions have not yet been made public.
It is not yet clear whether the administration plans to change H-1B eligibility standards, employer requirements, wage rules, the annual selection process or compliance requirements.
There is no legal deadline for completing the White House review.
The Office of Information and Regulatory Affairs, part of the White House Office of Management and Budget, reviews major federal regulations before publication. It can approve a proposal, return it to the agency or clear it with changes.
The rule’s full contents would generally become public after the review is completed and the proposal is published in the Federal Register. Publication would typically begin a public-comment period before DHS decides whether to issue a final rule.
The proposal does not change current H-1B requirements at this stage, and employers and visa holders do not need to take action simply because the measure has entered White House review.
The broader overhaul is separate from another USCIS proposal published Tuesday that would impose an additional $103,265 fee on each cap-subject H-1B petition.
That proposal would apply to petitions under the regular annual H-1B cap and the separate exemption for foreign professionals with advanced degrees from U.S. universities. Certain cap-exempt petitions filed by universities, government research organizations and nonprofit research organizations would not be covered.
The proposed $103,265 fee is not currently in effect. Public comments are being accepted through Sept. 24, after which DHS could revise, withdraw or finalize the proposal.
The administration is also reviewing proposed fees related to Optional Practical Training, which allows international students to work temporarily in fields connected to their academic degrees.
Another USCIS proposal under review would eliminate the discretionary 60-day grace period that can allow H-1B and certain other foreign workers to remain in the United States after losing their jobs while seeking new employment or changing immigration status.
The H-1B program allows U.S. employers to hire foreign professionals for specialty occupations that generally require specialized knowledge and at least a bachelor’s degree or equivalent qualification. The program is widely used in technology, engineering, finance, health care and research.
Congress generally limits new cap-subject H-1B visas to 65,000 annually, with an additional 20,000 available for applicants holding advanced degrees from U.S. universities. (Source: IANS)
