By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio

Summary

The Department of Homeland Security (DHS) released their Fall 2018 regulatory agenda, which is a summary of their projected immigration regulations and regulatory amendments. Of particular relevance is the Fiscal Year (FY) 2020 H-1B Cap Petitions and the rescission of the H-4 EAD Program.

Proposed H-1B Program Changes

FY 2020 H-1B Cap Petitions: DHS intends to require electronic registration for H-1B Cap Petitions. A modified selection process may subsequently follow. The anticipated date of release of the proposed rule is October 2018.

H-4 EAD Program: DHS will seek to end Employment Authorization for H-4 dependent spouses of H-1B beneficiaries who are seeking Employment-Based Lawful Permanent Resident Status. The anticipated date of release of the proposed rule is November 2018.

*Please Note: The proposed changes will take months to finalize despite the notice of proposed rule making. A final version of the rules will be issued after the comment period. As always, we will continue to monitor the situation.

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