As we reported previously, the Trump Administration made reform of the H-1B visa program a priority, implementing a number of changes designed to restrict the use and abuse of H-1B visas.[1] A number of those reforms are now being undone, however, as they have either been subject to legal challenges or rescinded by the Biden Administration.
This memo discusses two of the most recent developments that impact the H-1B visa program, including reversal of a policy that rejected H-1B petitions that listed the visa beneficiary’s start date as occurring after October 1, 2021, and a court challenge to the electronic registration process that is now required for participation in the H-1B “lottery.”
We have conferred with senior officials at the EEOC about the filing errors, and they advise us that they are investigating.
Members of the Center for Workplace Compliance (CWC) can read more here.