Biden Administration Announces Scheduled Release for Pending Regulations

The Biden Administration recently published the Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions. This list, released each spring and fall, tracks all federal agencies and provides an updated schedule for when new Notices of Proposed Rulemaking may be published and when pending regulations might be finalized. The Departments of Homeland Security and Labor are the primary agencies that impact TechServe members. TechServe’s Government Affairs Team follows these developments and often engages members in preparing comments submitted by CEO Mark Roberts.

The TechServe Team has been particularly concerned about the Department of Homeland Security’s efforts to update the H-1B visa program, specifically that specific draconian provisions first proposed by the Trump Administration will be included in the final rule. We have now learned that this final rule may be released in December 2024. The portion of this Rule to improve the integrity of the visa lottery program was finalized earlier this year and has successfully addressed identified problems. TechServe supported these lottery system changes.

The remaining provisions of the Proposed Rule, “Modernizing H-1B Requirements and Oversight, Providing Flexibilty in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers” include many positive changes to streamline access to essential technology, STEM, and medical professionals. However, other proposals unfairly target the IT and engineering staffing business model. TechServe submitted comments in December 2023, strongly opposing the changes in specialty occupations and the addition of court-invalidated provisions for third-party placements. TechServe will continue to monitor the status of this rule. Litigation is expected if any of the provisions of concern are included in the Final Rule.

In other developments, DHS and the Department of Labor (DOL) plan to publish updates, NPRMs, and Final Rules in the coming months:

August 2024:  DOL expects to complete an analysis of comments to determine if an NPRM should be issued to update Schedule A to include STEM (science, technology, engineering, and math) and other occupations experiencing labor shortages. Schedule A jobs have been identified by DOL as having a shortage of U.S. workers.

January 2025: “Modernizing Regulations Governing Nonimmigrant Workers” NPRM would amend regulations governing certain nonimmigrant workers regarding dependent spouses (H-4) and provide flexibility for workers who resign or are terminated.

Please continue to contact us with any questions or concerns.