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Regulatory Developments

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The Department of Homeland Security (DHS) released a proposed rule amending its regulations for H-1B petitions, subject to numerical limitations and exemptions for those who have earned an advanced degree in the U.S. 

The proposal would require employers to file electronic registrations with the U.S. Citizenship and Immigration Services (USCIS) during a period of at least two weeks. If, based on the response, USCIS determines that the H-1B cap won’t be reached on the first day that petitions may be filed, it will invite more registrations. Otherwise, it will close registration, randomly select registrations to file petitions, and start a waitlist.

SHRM joined the American Council on International Personnel (ACIP) in submitting several suggestions to USCIS, including increasing the registration period to at least four weeks, engaging in beta-testing, avoiding overbooking, and ensuring that the new system is developed in tandem with transformation initiatives already under way.

To read the SHRM/ACIP comments, click HERE.

In another rule-making development, the Office of Federal Contract Compliance Programs (OFCCP) is proposing a rulemaking to update its requirements for affirmative action and nondiscrimination regarding protected veterans. The proposal includes new record-keeping and program review requirements. SHRM is reaching out to our relevant special expertise panels to help formulate comments we will submit by the June 27 deadline.

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