The Biden Administration recently published its 2021 Regulatory Agenda, which lists regulations under active consideration by various agencies within the federal government. According to these proposals, the Biden administration is working to enact reforms to the American immigration system. Potentially impacted programs, like the H-1B visa program, continue to evoke heated political debate.
According to a recent article by the Times of India, the recently announced proposals offer unique insight into what steps the Biden administration is taking to implement immigration reform. The semi-annual regulatory agenda provides a list of all proposed regulations and ensures the public has an opportunity to offer comments before they are finalized. The list is exhaustive, but certain proposals warrant specific discussion.
One notable proposal seeks to modernize H-1B requirements and oversight while providing flexibility in the F-1 student visa program, which allows noncitizen students to reside in the United States during their course of study.
The H-1B visa program allows for U.S. employers to temporarily employ foreign workers in specialty occupations, meaning that the occupation requires specialized knowledge and a bachelor’s degree or equivalent work experience. Historically, the visa is rooted in the H1 visa as outlined in the Immigration and Nationality Act (“INA”) of 1952. However, it was later split into the H-1A visa...
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