Immigration Agencies Introduce New Spring 2023 Regulatory Plans

By: Ujwala Bagal 

INTRODUCTION

On June 15, 2023, the Department of Homeland Security, ICE, Department of Labor, and Department of State introduced their Spring 2023 Regulatory plans. 

IMMIGRATION AGENCIES PLAN BREAKDOWN

The Department of Labor’s (DOL) arrangement is to continue with the proposed rule to make the following priorities:

• Increase prevailing wage rates for the H-1B, H1B1, E-3, and PERM programs. However, the new proposal publication is deferred till June 2024.
• Updating regulations governing the H-2B temporary and seasonal worker program have been reconfirmed including the H-2B prevailing wage rules. The proposal is scheduled for September 2023.

The Department of Homeland Security (DHS) also plans to continue with a proposed rule with the following as priorities:

• The proposed rule will provide redefinition of the H-1B employer-employee relationship. Provide some flexibility when concerns arise about employment start date, clarify issued related to material change within employment, and notification requirements when H-1B employee changes to new worksite location.
• Changing adjustment of status process; modifying the way a child’s age is calculated for age-out under Child Status Protection Act, Temporary Protected Status travel authorization, and employment authorization for derivative beneficiaries who are awaiting immigrant visa availability & show they are under compelling circumstances. 
• Implementation of final rule to raise filing fees for immigration applications and petitions has been delayed to March 2024.
• DHS plans to modernize and reform the H-2A and H-2B temporary worker program to provide new safeguards and protections for workers. The proposed regulation is schedule for publication in September 2023.
• Inflation adjusted increases to civil monetary penalties for immigration-related violations regulation is expected in January 2024.
• Clarity regarding Naturalization testing requirements are expected in proposed regulation by December 2023.

The State Department also plans to issue a final rule with the following priorities:

• Department plans to modify the requirement to attend in person attendance requirement for waiver related to immigrant visas.
• Updates to the J-1 intern and trainee program rules is set to be published by a proposed rule around January 2024.
• The proposed rule release regarding public charge ground of inadmissibility has been postponed to April 2024.

U.S. Immigration and Customs Enforcement (ICE) is planning to publish final regulation with the following priorities:

• Allowing alternatives to the process of in-person inspection of identity and employment eligibility verification. DHS plans to publish final regulation in August 2023.
• Under the L-1 category, USCIS has removed their long-term plan to propose amendment to the L-1 regulations revising the definition of specialized knowledge.

CONCLUSION

For any questions or assistance regarding the new introduced plans from the different immigration agencies, please contact your trusted Chugh, LLP immigration professional.