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DHS/USCIS | RIN: 1615-AC70 | Publication ID: Spring 2021 |
Title: ●Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program | |
Abstract:
The Department of Homeland Security (DHS) is proposing to amend its regulations governing H-1B specialty occupation workers and F-1 students who are the beneficiaries of timely filed H-1B cap-subject petitions. Specifically, DHS proposes to revise the regulations relating to "employer-employee relationship;" implement new requirements and guidelines for site visits including in connection with petitions filed by H-1B dependent employers and H-1B petitions, where there is indicia of fraud; provide flexibility on the employment start date listed on the petition (in limited circumstances); address "cap-gap" issues; and 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. The Department of Homeland Security (DHS) is proposing to amend its regulations governing H-1B specialty occupation workers and F-1 students who are the beneficiaries of timely filed H-1B cap-subject petitions. Specifically, DHS proposes to revise the regulations relating to "employer-employee relationship;" implement new requirements and guidelines for site visits including in connection with petitions filed by H-1B dependent employers and H-1B petitions, where there is indicia of fraud; provide flexibility on the employment start date listed on the petition (in limited circumstances); address "cap-gap" issues; and 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. |
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Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: Undetermined |
CFR Citation: 8 CFR 214.2 | |
Legal Authority: 6 U.S.C. secs. 101, 112 and 202 8 U.S.C. secs. 1101(a)(15)(F) and (H)(i)(b),1103(a), 1184(a), 1184(c), 1184(i) and 1357(b) ... |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Charles Nimick Chief, Business and Foreign Workers Division, Office of Policy and Strategy Department of Homeland Security U.S. Citizenship and Immigration Services 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009 Phone:240 721-3000 |