A proposed regulation to “modernize” requirements and oversight in the H-1B visa program and provide additional flexibility in the F-1 student visa program has cleared review at the White House Office of Management and Budget.

• The text of the proposed rule is not yet available, but OMB review is the last step in the regulatory process before publication.
• According to the Department of Homeland Security, the proposed rule will:
• Revise regulations related to the employer-employee relationship.
• Implement new guidelines for site visits.
• Provide flexibility on employees’ start dates in limited circumstances.
• Address “cap-gap” issues.
• Strengthen the registration process to reduce the possibility of misuse and fraud.
• Clarify the requirement that an amended or new petition be filed if there are material changes.