Administration's immigration wish list could affect employers

Jacob D. Cherry, Business Management Daily

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Excerpt:

The Trump administration has released a new report on the rulemaking efforts U.S. administrative agencies intend to pursue in the near- and long-term. Issued in late 2017, the Unified Agenda of Regulatory and Deregulatory Actions contains items that, if enacted, could affect employers’ immigration programs.

Among the proposals: ...

The Department of State is finalizing several rules that would modify the J-1 Visa exchange visitor program. In addition to administrative changes, the new rules would help ensure the safety and well-being of foreign nationals who enter the U.S. as exchange visitors and reinforce the cultural exchange and public diplomacy aspects of the program. The rules may also expand the types of jobs that are prohibited under the summer work travel category. ...

A drawn-out process

Rulemaking is typically a prolonged process that takes a minimum of several months to accomplish.

Although the abstracts listed in the agenda seemingly could affect many areas of the immigration system, it is premature to draw conclusions without first seeing the text of the rules themselves. Thus far, none have been released; some may not even be drafted yet.

Remember, too, that both the agenda itself and the timing for the rules are aspirational. In years past, only a select number of proposals have actually turned into rules. Even fewer have actually followed the stated timelines. For example, a proposed regulation on the electronic registration system for H-1B quota petitions like the one mentioned above was originally introduced in 2011, but no further action occurred. ...