Chief, Business and Foreign Workers Division, Office of Policy and Strategy

1615-AC13 202010 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1615 U.S. Citizenship and Immigration Services USCIS 1600 Department of Homeland Security DHS Strengthening the H-1B Nonimmigrant Visa Classification Program

The Department of Homeland Security (DHS) will revise the definition of specialty occupation to increase focus on obtaining the best and the brightest foreign nationals via the H-1B program, and revise the definition of United States employer and employer-employee relationship, along with other changes to improve the integrity of the H-1B nonimmigrant program, and to better protect U.S. workers’ wages and working conditions.

]]> Economically Significant Previously Published in The Unified Agenda Final Rule Stage Yes No Other 8 CFR 214.2(h)(4) 6 U.S.C. 101 et seq., 112 and 202 8 U.S.C 1101(a)(15)(H)(i)(b) 8 U.S.C 1103(a) 8 U.S.C 1184(c) 8 U.S.C 1184(g) 8 U.S.C 1184(i) 8 U.S.C 1357(b) ... Yes

The purpose of these changes is to ensure that H-1B visas are awarded only to individuals who will be working in a job which meets the statutory definition of specialty occupation. In addition, these changes are intended to ensure that the H-1B program appropriately supplements the U.S. workforce and strengthens U.S. worker protections.

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The Homeland Security Act of 2002, Public Law 107-296, section 102, 116 Stat. 2135 (Nov. 25, 2002), 6 U.S.C.112, and the Immigration and Nationality Act of 1952 (INA), charge the Secretary of Homeland Security (Secretary) with administration and enforcement of the immigration and nationality laws. See INA section 103, 8 U.S.C.1103. This rule will significantly enhance the ability of USCIS to effectively manage and monitor the H-1B program.

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DHS is still considering the cost and benefit impacts of the provisions.

]]> Interim Final Rule 10/08/2020 85 FR 63918 Interim Final Rule Comment Period End 12/07/2020 Interim Final Rule Effective 12/07/2020 No None No No www.regulations.gov www.regulations.gov No No Paul Buono Chief, Business and Foreign Workers Division, Office of Policy and Strategy 1615 U.S. Citizenship and Immigration Services USCIS 240 721-3000 5900 Capital Gateway Drive, Suite 4S190, Camp Springs MD 20588-0009