What is Next on Trump’s Agenda for Employment Based Immigration


The Spring Regulatory Agenda of the Trump Administration was recently published and re-confirms the earlier announced plans for reform with updated timelines and adds some new plans for reform.

Be aware that no changes are happening TODAY. These are just expected proposals for change that could happen in the future.

Here are the major proposals in the pipeline and timeframe for proposed or final regulations:


DHS/USCIS Proposed Rule Stage Strengthening the H-1B Nonimmigrant Visa Classification Program Revise the definition of specialty occupation to increase focus on obtaining the best and the brightest foreign nationals via the H-1B program. Revise the definition of employment and employer-employee relationship to better protect U.S. workers and wages. Propose additional requirements designed to ensure employers pay appropriate wages to H-1B visa holders. Proposal Planned for August 2019
DHS/USCIS Proposed Rule Stage Removing H-4 Dependent Spouses From the Classes of Aliens Eligible for Employment Authorization Proposal to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization. Proposal Planned for May 2019
DHS/USCIS Proposed Rule Stage U.S. Citizenship and Immigration Services Fee Schedule Fee increase Proposal Planned for August 2019
DHS/USCIS Proposed Rule Stage Electronic Processing of Immigration Benefit Requests Proposal to: (1) Set requirements for online submission for immigration benefit requests and explain the requirements associated with electronic processing; and (2) make changes to existing regulations to allow end-to-end digital processing. Proposal Planned for December 2019
DHS/USCIS Proposed Rule Stage Updating Adjustment of Status Procedures for More Efficient Processing and Immigrant Visa Usage Proposal to: improve the efficiency in the processing of Application to Register Permanent Residence or Adjust Status (Form I-485), reduce processing times, improve the quality of inventory data provided to partner agencies, reduce the potential for visa retrogression, promote efficient usage of available immigrant visas, and discourage fraudulent or frivolous filings. DHS proposes to eliminate the concurrent filing of visa petitions and Form I-485 for all applicants seeking an immigrant visa in a preference category, and proposes to make further changes to the appropriate dates when applicants can file Form I- 485 and for ancillary benefits. Proposal Planned for September 2019
DHS/USCIS Proposed Rule Stage Fee for Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens  Propose to amend its regulations to require a fee for H-1B registrations in the lottery Proposal Planned for July 2019
DHS/USCIS Final Rule Stage Inadmissibility on Public Charge Grounds Finalize regulatory provisions guiding the inadmissibility determination on whether an alien is likely at any time to become a public charge under 8 U.S.C. 1182(a)(4). DHS proposed to add a regulatory provision, which would define the term public charge and would outline DHS’s public charge considerations. FINAL Rule Planned for September 2019
DHS/USCIS Final Rule Stage Removal of International Entrepreneur Parole Program Finalize regulatory provision to eliminate the International Engrepreneur Parole FINAL Rule Planned for October 2019
DHS/USCIS Final Rule Stage EB-5 Immigrant Investor Program Modernization Finalize regulatory provisions raising the minimum investment amount; allowing certain EB-5 petitioners to retain their original priority date; changing the designation process for targeted employment areas; and other miscellaneous changes to filing and interview processes. FINAL Rule Planned for May 2019