USCIS will comply with U.S. District Court Order and not implement stricter H-1B rule.
Pasricha & Patel
In the aftermath of the December 1, 2020 ruling by the U.S. District Court for the Northern District of California that had blocked the further implementation of the Department of Homeland Security’s Interim Final Rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, (in the matter of (Chamber of Commerce, et al. v. DHS, et al., 12/1/20), the USCIS has announced that it will fully comply with the court’s ruling.
The DHS’s regulations that were scheduled to take effect on Monday, December 7, 2020, would have allowed the DHS to change the regulatory definition and standards for determining what a “specialty occupation” is, and it would have greatly shortened the validity period of H-1B approvals for third-party placement H-1B petitions to maximum of one (1) year.
This likely means that DHS will not appeal the district court’s ruling and it is possible that DHS may also withdraw this interim final rule as well.
In the closing days of this current administration, it is also possible that DHS may introduce other rules and measures that could have a negative impact on not only the H-1B visa program but other immigration matters.
Due to the fluid nature of the current state of immigration rules and regulations, we continue to recommend readers to keep checking back with us for any news and developments in this area.
Should you have any questions or require further assistance, we suggest you contact our office to schedule formal consultation and we would be happy to assist you.