Regulatory Agenda Seeks to Clamp Down on H-1B Visas

December 15, 2017

The Trump administration's regulatory agenda contains proposals that would revise the types of occupations H-1B temporary worker visas cover, adjust the H-1B lottery system, and eliminate a regulation that extends to spouses of H-1B workers the authorization to seek a work permit, among other changes.  According to William Stock, Partner at Klasko Immigration Law Partners, the agency could limit the types of jobs that qualify for H-1B visas or make it more difficult to obtain visas for certain jobs.  Other proposed changes include: 
  • Revising the definitions of "employment" and "employer-employee relationship" in cases involving H-1B visas in a likely bid to apply pressure to the practice of outsourcing H-1B workers to third-party clients; 
  • Overhauling the regulations governing the optional training program, which allows foreign students to work in the U.S. after graduation, in order to "reduce fraud and abuse" through means such as increased oversight; 
  • Allowing employers to preregister for the H-1B lottery; and
  • Applying new fees for visa petitions and applications.