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The Biden administration is advancing a final regulation to modernise the H-1B visa program, currently under review by the Federal Office of Management and Budget. This regulation aims to clarify eligibility criteria, codify existing policies and introduce various changes.
Partner Mitch Wexler shares with Times of India how the proposed changes could redefine specialty occupations, clarify degree requirements, address off-site placements and reinforce the need for bona fide employment. It may also codify policies such as location change amendments and deference to prior adjudications, offering employers more predictability.
While the regulation's final contents remain confidential, these proposed changes aim to enhance program integrity and adapt the H-1B visa framework to current employment practices. However, with the upcoming change in administration, the future of this regulation remains uncertain.
Read more here.
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