PolicyBrief
H.J.RES. 22
119th CongressJan 16th 2025
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".
IN COMMITTEE

This bill disapproves and nullifies a Department of Homeland Security rule that changes requirements for H-1B visas, F-1 student visas, and other nonimmigrant worker programs.

Jodey Arrington
R

Jodey Arrington

Representative

TX-19

LEGISLATION

DHS Rule on H-1B Visas, F-1 Student Flexibility, and Other Worker Programs Blocked: What It Means

This bill throws a wrench into a Department of Homeland Security (DHS) rule that was supposed to modernize the H-1B visa program, offer more flexibility for F-1 students, and tweak some rules for other nonimmigrant workers. By "disapproving" this rule, Congress is basically saying "no thanks" and making it invalid.

Scrapping the DHS Rule

The core of this bill is straightforward: it nixes a DHS rule related to several visa programs. The rule was intended to update H-1B visa requirements (those used for specialized workers), add flexibility to the F-1 program (for international students), and make some "program improvements" affecting other kinds of nonimmigrant worker visas. We don't have details on what was in the rule, which makes it hard to say exactly what changes when it is nullified.

Real-World Ripple Effects

Because the details of the DHS rule are not included in this bill, it is hard to nail down the exact impact. However, here are some potential scenarios:

  • H-1B Visa Changes: If you're a company that uses H-1B visas to bring in specialized talent, or a worker hoping to get one, this could change the landscape. The scrapped rule might have made it easier or harder to get these visas, changed the wage requirements, or altered eligibility criteria. We don't know the details, so we don't know the impact of it being nullified.
  • F-1 Student Flexibility: International students, this one's for you. The rule was supposed to provide more flexibility within the F-1 program. Did it make it easier to switch majors, work off-campus, or stay in the US after graduation? Maybe. Again, it's hard to know exactly what kind of flexibility was in the rule, so we don't know what changes when the rule is nullified.
  • Other Nonimmigrant Workers: If you're on a different kind of work visa, the tossed-out rule might have affected you, too. Without specifics, it's a guessing game.

The Bigger Picture: Uncertainty and Potential Challenges

This move creates a lot of uncertainty. Without knowing what was in that DHS rule, it's tough to say who wins and who loses. It could be good news for US workers if the rule made it easier to hire foreign labor. It could be bad news for businesses if the rule streamlined the hiring process. It could affect anything from application backlogs to the availability of certain skills in the US workforce. This could also impact schools with large international student populations, and the students themselves. The bottom line is, that by scrapping this DHS rule, things might stay the same, revert to older regulations, or something else entirely, depending on what was originally in the rule.