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DHS/USCIS

RIN: 1615-AC13

Publication ID: Fall 2020

Title: Strengthening the H-1B Nonimmigrant Visa Classification Program
Abstract: 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.

Timetable:

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: www.regulations.gov	Public Comment URL: www.regulations.gov
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