The Administration’s Spring 2019 Regulatory Agenda

The Trump administration recently announced its Spring 2019 regulatory agenda, providing an updated list of immigration proposals in some key areas of business immigration. Although no significant changes are happening today, below is a summary of the key items on the agenda to closely monitor.

Proposed Rule Stage

• Tightening of H-1B visa program. Projected publication (pub.) date: August 2019. The Department of Homeland Security (DHS) will propose to revise the definition of “specialty occupation” to “increase focus on obtaining the best and the brightest foreign nationals via the H-1B program,” and revise the definition of “employment” and “employer-employee relationship” to better protect U.S. workers and wages. DHS will propose additional requirements designed to “ensure employers pay appropriate wages to H-1B visa holders.”

• Termination of H-4 EAD. Projected pub. date: May 2019. DHS is proposing to remove employment eligibility for H-4 spouses of H-1B workers.

• Increase of USCIS filing fees. Projected pub. date: August 2019. DHS will propose to “adjust USCIS’ fee schedule,” likely to raise filing fees for employers and individuals.

• Fee for H-1B electronic registration. Projected pub. date: July 2019. As previously announced by USCIS, the federal agency is expected to implement an electronic registration process (or pre-registration) for the H-1B lottery season in 2020. As such, DHS will propose to amend its regulations to require a fee for this H-1B pre-registration process.

• New Adjustment of Status procedures. Projected pub. date: September 2019. Among other things, DHS proposes to “eliminate the concurrent filing” of I-130/I-140 immigrant visa petitions and I-485 adjustment/green card applications, and proposes to “make further changes to the appropriate dates” when applicants can file I-485 adjustment applications and for ancillary benefits including EAD card and Advance Parole travel document.

• Electronic processing of immigration benefit requests. Projected pub. date: December 2019. DHS will propose to set requirements for online submission for immigration benefit requests and explain the requirements for electronic processing; and make changes to existing regulations to allow end-to-end digital processing.

• EB-5 immigrant investor program realignment. Projected pub. date: March 2020. DHS plans to solicit public input on proposals that would “increase monitoring and oversight of the EB-5 program as well as encourage investment in rural areas,” and also feedback on proposals for “redefining components of the job creation requirement, and defining conditions for regional center designations and operations.”

Final Rule Stage

• EB-5 immigrant investor program modernization. Projected pub. date: May 2019. DHS plans to finalize EB-5 regulations that would raise the minimum investment amount; allow certain EB-5 petitioners to retain their original priority date; change the designation process for targeted employment areas; and implement other changes to filing and interview processes.

• Termination of International Entrepreneur Parole program. Projected pub. date: October 2019. DHS plans to finalize regulations that would eliminate the International Entrepreneur Parole program.

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