The US Department of Homeland Security (DHS) is planning new changes to the H-1B visa program, with a proposed regulation currently under review by the Office of Management and Budget (OMB).
The proposal is expected to revise eligibility for H-1B cap exemptions, increase scrutiny of employers found to have violated program rules, and strengthen oversight of H-1B workers placed at third-party worksites.
Details of the proposed changes will remain confidential until the regulation is cleared for publication in the Federal Register. The planned measures were also included in DHS’s regulatory agenda released in July.
The H-1B program is also facing other proposed changes. OMB is separately reviewing a DHS proposal that would introduce an additional $103,265 fee for all H-1B cap-subject petitions, including change-of-status and consular-notification petitions.
DHS also announced an expansion in early August of a fee paid by employers with a high percentage of H-1B and L-1 workers.
Separately, the US Department of Labor has proposed increasing the minimum required wages for H-1B workers and other immigration programs subject to wage requirements.
Once the latest H-1B proposal clears federal review, it will be published in the Federal Register and opened for public comments for either 30 or 60 days.
The changes will not take effect immediately. DHS will first review the public comments before publishing a final regulation with an implementation date.
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