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DHS/USCIS RIN: 1615-AC13 Publication ID: Fall 2020 
Title: 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.

Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 214.2(h)(4)   
Legal Authority: 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)    ...   
Legal Deadline:  None

Statement of Need:

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.

Summary of the Legal Basis:

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.

Anticipated Costs and Benefits:

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


Action Date FR Cite
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 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Charles Nimick
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000