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

By Nita Nicole Upadhye

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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.

Author

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law (AILA) and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with both US and UK operations to meet their workforce needs through corporate immigration.

Nita successfully acts for corporations and professionals, entrepreneurs, artists, actors, and athletes from across the globe, providing expert guidance on all aspects of US visa and nationality applications, and talent mobility to the USA.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

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For specialist advice on a US immigration or nationality matter for your business, contact our US immigration attorneys.

For specialist advice on a US immigration or nationality matter for your business, contact our US immigration attorneys.