Disapproving of the rule submitted by the Department of Homeland Security relating to "Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers".
This measure is a House joint resolution that would disapprove the Department of Homeland Security’s rule titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers” (published at 89 Fed. Reg. 103054). If enacted, the resolution would nullify that DHS rule and prevent it from taking effect, effectively preserving the current DHS regulations unless Congress later acts to change them. The rule in question purportedly aimed to modernize H-1B requirements, expand flexibility for F-1 international students, and implement improvements affecting other nonimmigrant workers. In short, the bill uses the Congressional Review Act mechanism to block DHS’s regulatory changes, maintaining the existing regulatory framework for H-1B and other nonimmigrant programs.
Key Points
- 1What it does: Disapproves the DHS rule titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers,” meaning the rule would have no force or effect if the resolution becomes law.
- 2Legal mechanism: Uses a Congressional Review Act disapproval process; requires passage by both Houses and enactment into law (and signature or override of any veto) to override the rule.
- 3Status and sponsor: Introduced in the House on January 16, 2025; sponsored by Rep. Arrington with co-sponsors; referred to the Judiciary Committee.
- 4Scope of the rule being challenged: The rule concerns H-1B employer-employee requirements, flexibility for F-1 student programs, and other nonimmigrant worker provisions as described in the rule.
- 5Practical effect if enacted: Maintains the status quo in DHS regulations related to H-1B, F-1, and other nonimmigrant programs rather than implementing the DHS changes proposed in the rule.