KLF Client Alert: Biden Administration's Fall 2023 Unified Regulatory Agenda
Important insights from the recently released Fall 2023 Unified Regulatory Agenda by the Biden Administration, providing a comprehensive overview of upcoming regulatory changes in immigration policy.
Department of Labor (DOL) Adjustments:
The Department of Labor has withdrawn its proposal to increase prevailing wages for H-1B, PERM, and other wage-protected immigration programs.
Schedule A Revision for STEM Occupations (Pre Rule Stage, Request for Information): DOL is contemplating updates to Schedule A within the labor certification process, particularly for Science, Technology, Engineering, and Mathematics (STEM) occupations. Public input is sought to gauge the efficacy of Schedule A in addressing current labor shortages and to propose a more timely, coherent, and transparent methodology for identifying STEM occupations experiencing shortages.
State Department Initiatives:
H-1B Domestic Visa Renewal Pilot Program (Expected February 2024): DOS intends to launch a pilot program for domestic visa renewal for qualified H-1B nonimmigrant visa applicants, outlining eligibility criteria and application procedures.
Personal Appearance Waiver (Final Rule Expected February 2024): A forthcoming rule will modify the requirement for immigrant visa applicants to personally appear before a consular officer.
Passports: Third Party Attendance (Final Rule Expected December 2023): This rule permits individuals to accompany U.S. passport applicants under specific circumstances to Consular Report of Birth Abroad (CRBA) and other U.S. citizen services appointments.
Department of Homeland Security (DHS) Updates:
USCIS Fee Schedule (Final Rule Expected April 2024): USCIS, after concluding the public comment period, is anticipated to publish the final fee rule in April 2024, with implementation shortly thereafter.
Petition for Immigrant Worker Reforms (Proposed Rule Expected August 2024): A proposed rule seeks to codify existing policy guidance, implement administrative decisions, and update provisions related to immigrant workers.
Modernizing Regulations Governing Nonimmigrant Workers (Proposed Rule Expected October 2024): This rule aims to update employment authorization rules and provide greater flexibility for certain nonimmigrant workers.
Adjustment of Status Regulations (Proposed Rule Expected March 2024): This rule, with the intent to enhance efficiency, proposes changes such as permitting the transfer of underlying basis for pending adjustment of status applications.
We will continue to provide updates as these regulatory developments progress, ensuring you are informed of the evolving landscape of immigration policies.
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