Proposed Changes in H-1B and F-1 Regulations
The Department of Homeland Security (DHS) recently proposed a new set of rules that are currently under review by the Office of Management and Budget (OMB). This proposed rule, titled "Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program," aims to bring about significant changes in the regulations surrounding the H-1B and F-1 programs.
These proposed changes address several key areas:
1. Clarifying the Employee/Employer Relationship:** The proposal seeks to provide clarity on the definition of an "employee/employer relationship" and introduce flexibility for start-up entrepreneurs. This clarification is essential for making determinations around H-1B petitions, as the employee/employer relationship is often scrutinized by the DHS. A clear definition can offer guidance to prospective petitioners and beneficiaries, ideally resulting in fewer denials.
2. Implementation of New Requirements for Site Visits:** This change specifically targets petitions where the information provided to USCIS cannot be verified or does not match the data collected from on-site visits, which could indicate fraudulent activity. Such cases could lead to the revocation of an H-1B petition.
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