I am not a lawyer, but in US the federal law consists of 2 parts: US Code (USC), and Code of Federal Regulation (CFR).
The USC is created and maintained by the Congress. USC delegates to federal agencies implementation of USC through CFR, i.e. by writing it. Any changes to CFR, should be published and given a comment period, my understanding that it's 6 months. During this time, the Congress has option to review, and disapprove changes to CFR if they see that it makes sense. (Others could also write comments and send them to the federal agency).
My non-lawyerish understanding is that this describes proposed changes to CFR within the authority delegated by the congress.
>> Apart from the lottery changes, the Biden administration is also proposing, for the first time, to allow entrepreneurs to sponsor themselves for an H-1B visa. Until now, with narrow exceptions, professionals on these visas were required to be employees rather than owners of a company.
That change, if successful, would have a seismic impact on Silicon valley, where many of the people launching new tech startups are foreign-born and have few or no long-term options to remain in the country, typically after coming here for college.
Yeah this seems like a pretty big change i think will be taken to court for. This effectively makes the h1b visa an eb5 visa.
can this be done via executive action or rule making process? sounds like something that needs a new law.