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The Biden Administration has a whole slew of proposed regulations planned for this year. The announcement of a new H1B regulations is welcome however, after the last few regulations from the former administration the immigration community is wary.

While some the details are missing the list below seems to address some of the general problems that remain in the program. More details about these regulations should be available by May of 2022. Also keep in mind that these new, proposed regulations will not apply to the current H1B lottery.

  • DHS proposes to revise the regulations relating to “employer-employee relationship” and provide flexibility for start-up entrepreneurs
  • Implement new requirements and guidelines for site visits including in connection with petitions filed by H-1B dependent employers whose basic business information cannot be validated through commercially available data
  • Provide flexibility on the employment start date listed on the petition (in limited circumstances)
  • Address “cap-gap” issues
  • Bolster the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system
  • Clarify the requirement that an amended or new petition be filed where there are material changes, including by streamlining notification requirements relating to certain worksite changes, among other provisions.

We will continue to keep our website updated as we learn more about these new H1b regulations.

Author: Sumeet Lall, Esq.
Editor: Marisa Chavez