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DHS Formally Rescinds Plans for Stricter H-1B Program Criteria

DHS Formally Rescinds Plans for Stricter H-1B Program Criteria 

Trump-era plans to restrict the H-1B visa program have been formally vacated by the Biden Administration.

On October 8, 2020, the Trump Administration issued an interim final rule (IFR), “Strengthening the H-1B Nonimmigrant Visa Classification Program”, from the Code of Federal Regulations (CFR). The rule aimed to tighten eligibility criteria for the H-1B program.

Changes included revising the definition of “H-1B specialty occupation“, restricting placement of H-1B employees at third-party worksites and generally increasing employer compliance obligations by reinstating contract and itinerary requirements.

The vacatur follows a federal court ruling in December 2020 which decided against the Agency and set aside the regulation for being in violation of the Administrative Procedures Act.

The longstanding H-1B criteria have now been reinstated into the Code of Federal Regulations (CFR).

The DOL continues to pursue proposals to revise the prevailing wage rule in November 2022.

US immigration advice

We continue to monitor developments in US immigration policy and procedure. If you have any queries or concerns about the H1B visa requirements, and the impact on sponsoring highly skilled migrant workers, speak to our US immigration specialists.

This article does not constitute direct legal advice and is for informational purposes only.

By Nita Nicole Upadhye

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