The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released their fall 2018 regulatory agendas. If finalized and implemented, the H-1B and H-4 programs will be significantly impacted.

The followings are key items on the fall 2018 regulatory agendas related to the H-1B and H-4 programs:

  • H-1B cap lottery pre-registration. As mentioned in a previous article, of the proposals include a pre-registration for the H-1B cap lottery that may or may not go into effect in April 2019 for the FY 2020 H-1B cap filing season.
  • H-1B eligibility criteria and wage requirements. It is expected that the definitions of “employment” and “employer-employee relationship” will be revised in a more restrictive manner that will impact potential H-1B employers.
  • Termination of the H-4 employment authorization program. Currently, spouses of H-1B beneficiaries are able to apply for employment authorization. However, a proposal to rescind the regulation that permit certain H-4 spouses to apply for employment authorization is set to be published in November 2018. It is uncertain whether currently valid H-4 employment authorization documents will remain valid after the proposed rescission is implemented.

Our offices will keep you apprised of any updates about this matter. Please do not hesitate to contact our office if you have any questions.