DHS’s Proposal to Amend Regulations to Establish Electronic Registration Program for H-1Bs
The Department of Homeland Security as part of the Office of Information and Regulatory Affair’s Fall 2017 Agency Rule List proposed to amend its regulations governing petitions filed on behalf of alien workers subject to annual numerical limitations. The proposal sets to establish an electronic registration program for petitions subject to numerical limitations for the H-1B nonimmigrant classification. The action is now being considered due to the demand for H-1B specialty occupation workers by U.S. companies have often exceeded the numerical limitation. The Department expects to publish a proposed rule in February 2018. The proposal may include a “modified selection process”, as outlined in Section 5(b) of Executive Order 13788 “Buy American and Hire American” signed by President Donald J. Trump.
The rule promotes the idea that the regulation would streamline the process for administering the H-1B cap process and to ensure that H-1B visas are awarded to the most skilled or highest-paid petition beneficiaries.