|View EO 12866 Meetings||Printer-Friendly Version Download RIN Data in XML|
|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) ...|
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.
|Regulatory Flexibility Analysis Required: No||Government Levels Affected: None|
|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|
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