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

1615-AC13 202104 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

On October 8, 2020, the Department of Homeland Security (DHS) issued an interim final rule to revise the definitions of specialty occupation and United States employer and employer-employee relationship, along with other changes. Before going into effect, the interim final rule was set aside by the U.S. District Court for the Northern District of California in Chamber of Commerce of United State of America, et al. v. United States Department of Homeland Security, et al., No. 20-cv-07331 (N.D. Cal. Dec. 1, 2020). DHS is planning to issue a final rule to implement the court’s vacatur of the interim final rule and restore the regulatory text in the Code of Federal Regulations to the state it existed in prior to the Oct. 8, 2020 interim final rule.

]]> Economically Significant Previously Published in The Unified Agenda Completed Actions Yes No 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 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 Final Rule 05/19/2021 86 FR 27027 Final Action Effective 05/19/2021 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