The Trump administration recently published its semi-annual regulatory agenda. It is far reaching and comprehensive. Among other things, the proposals would: (1) re-define the term “specialty occupation” to dramatically narrow the types of occupations that qualify for H-1B temporary visas; (2) eliminate work permits for H-4 spouses; (3) drastically increase the compliance burden and re-define the parameters for L-1 intracompany transferees: (4) narrow the scope of post-degree optional practical training for foreign students; and (5) increase oversight of the EB-5 immigrant investor program. Many of these proposals will likely be challenged in court should they become reality, but this administration’s past record has shown that we can no longer simply ignore the regulatory agenda by believing “they will never get to it.” This administration can and will move forward with these proposals. Employers and their counsel should be ready to challenge them as appropriate.
