Spring 2024 Regulatory Agenda

By: Gladys Gervacio and Jioselin Juarez Contreras

The Office of Information and Regulatory Affairs (OIRA) has released the 2024 Spring Regulatory Agenda. The regulations come after a long period of public engagement and aim to address the issues currently concerning the public.

 

The agenda covers 60 federal departments and features 3,698 rules, divided into three categories. There are 2,361 Active Actions, 689 Completed Actions, and 648 Long-term Actions. While the overall number of new rules has increased, the number of Active Actions has decreased, as is expected during an election year. The Completed Actions represent all the new actions that were accomplished over the last six months, between the fall and spring regulatory agendas. The 689 Completed Actions represent a significant increase from the administration’s 431 Completed Actions in the fall. The number of Long-term Actions remains similar. Since Long-term Actions require more time to finish, it is expected that the number remains consistent.

 

The majority of the new rules will impact the Departments of Treasury, Interior, Transportation, Commerce, and Health and Human Services. These departments consist of 43% of the total rules.

 

Immigration Concerns

The Department of Homeland Security-

Previously, the Department of Homeland Security (DHS) implemented a new rule aiming to decrease H-1B cap fraud. The second part of that rule, as proposed in the Spring Regulatory Agenda, will continue to modify the process. The modernization efforts will include developing greater cap-gap protections for F-1 students attempting to change their status, increasing fraud detection measures and amending the current definition of an H-1B specialty occupation. Currently, the final rule is scheduled for December 2024.

 

United States Citizenship and Immigration Services has proposed an improvement to many aspects for applicants looking to file an adjustment of status. This rule will tackle policies regarding aging-out and employment authorization challenges. The final rule is currently scheduled for August 2024.

 

Additionally, DHS has proposed new H-2A and H-2B employer obligations and worker safeguards. If implemented, they will increase the grace period after employment has been terminated, before and after petition validity periods, and other similar situations. The regulation is also expected to provide a worker with the ability to begin new H-2 employment upon the proper filing of an extension of stay petition, rather than requiring them to await petition approval. Furthermore, the final rule could grant USCIS the authority to approve H-2 petitions for nationals of countries beyond those specifically designated by DHS. Currently, the final rule is scheduled for November 2024.

 

United States Customs and Border Protection will expand the $4,000 or $4,500 9-11 response fee to H-1B and L-1 extension petitions filed by employers with more than 50 employees in the US and more than 50 percent of whom are in H-1B or L-1 status. Currently, this fee is required for petitions seeking an initial grant of H-1B or L-1 status. This final rule is currently slated for April 2025.

 

 

DHS also intends to continue raising the investment and revenue thresholds for the International Entrepreneur Rule, as is mandatory every three years. After the rule takes effect, entrepreneurs will be required to show $311,071 or more in qualified investments or $124,429 or more in qualified government grants for their initial applications. An investor is considered a ‘qualified investor’ if they have made $746,571 worth of investments in successful start-up entities and two or more of those have generated $622,142 in revenue with an average growth of 20% or have created at least five qualified jobs. In order to continue their application, the start-up must prove they either created five or more qualified jobs, at least $622,142 in annual revenue and 20% annual revenue growth, or have at least $622,142 in combined funding from qualified investors and government grants. The application fee will remain unchanged. The final rule is expected to be published on July 25, 2024 and will go into effect on October 1, 2024.

 

Other plans include keeping the increased automatic extension for employment authorization, broadening DHS authority for exit biometrics, and other improvements to current systems.

 

The Department of State

The State Department is expected to change the Diversity Visa requirements. If passed, the new rule will require applicants to provide current and valid passport information when filing their online registration form. This final rule is scheduled for publication in December 2024. It was previously slated for February but has since been delayed.

 

Furthermore, the State Department is expected to propose rules relating to the current public charge rule on inadmissibility and the immigrant visa appearance waivers for applicants unable to make an in-person appearance in front of a consular officer. More information regarding these changes should be made available soon. Currently the rules are scheduled for August and October 2024, respectively.

 

The Department of Labor

The Department of Labor has proposed changes to their process for employers looking to hire H-2B workers. If passed, the proposed new rule would change the process on how employers obtain temporary certification when petitioning for H-2B nonimmigrant workers with DHS. The rule change would also create new standards and procedures for employers hiring foreign nationals for temporary non-agricultural work under certain circumstances, including but not limited to tree planting and vegetation management.

 

Additionally, the Employment and Training Administration (ETA) may update Schedule A of the permanent labor certification process, however this is still currently in the pre-rule stage.

 

Conclusion

The Biden Administration hopes the new agenda targets all the concerns the public raised, OIRA will continue to discuss prospective rule changes with the public. However, the upcoming Presidential election will impact which proposals will be completed. For questions regarding the new rules or more information on how they will impact you, contact the trusted Chugh, LLP attorneys.