The American Immigration Lawyers Association (AILA) has published some information on the possible regulatory changes that could be coming in the near future for the H-1B classification. According to AILA, we can anticipate several proposed changes to the H-1B regulations. These changes could include redefining “specialty occupation” to make it more restrictive than the current definition. Changes to the rules around “employer-employee” relationships as it relates to 3rd party worksite placements, including changes to LCA requirements to make the 3rd party host part of the LCA process, are apparently being considered. It is also anticipated that the Department of Labor will adjust prevailing wage requirements, which would impact H-1B petitions.
It is anticipated that these rules will be published as interim final rules and will go into effect immediately upon publishing. It is also anticipated that there will be lawsuits filed to challenge the new regulations, which could lead to injunctions that would delay implementation of these new rules.
AILA anticipates that these rules are likely to be rolled out within the next 30 days.
Graham Adair is monitoring these rules very closely and will provide additional information as it becomes available.