Not Too Late: Biden Administration Urged to Make Pro-Business Immigration Moves Now

The Biden Administration is being urged to finalize some business immigration issues before Jan. 20, 2025, when the next presidential administration takes office, including:

• Surge resources: Democratic lawmakers asked USCIS to “surge” resources to eliminate the backlog of employment authorization applications (for new arrivals and other non-citizens) using the $34 million that had been set aside for discharging backlogs with new technologies, staffing increases, and greater use of worker overtime.

• H-1B modernization: Business immigration advocates are asking USCIS to finalize more parts of the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Rule. Proposed in 2023, the rule would specifically codify some pro-business guidance, including:
  • Expand cap-gap for foreign students;
  • Expand the definitions of “nonprofit research organization” and “government research organization” for cap-exempt organizations;
  • Allow date flexibility with regard to petition start dates;
  • Eliminate itinerary requirements for certain H-1B petitions; and
  • Codify deference to prior approvals.

USCIS already instituted the parts of the rule that changed the H-1B lottery to make it make it more difficult to “game” the system.