Immigration News - H-1B visa, United States DHS and DOL release new H-1B changes Share this article LinkedIn Facebook X (Twitter) January 15, 2021 The Department of Homeland Security (DHS) and Department of Labor (DOL) have released last-minute policy changes to the H-1B nonimmigrant program. Key Points: DHS posted a pre-publication version of a final rule, “Strengthening the H-1B Nonimmigrant Classification Program,” a narrower version of the Interim Final Rule (IFR) that was set aside in court in December. The rule is scheduled to take effect 180 days after publication in the Federal Register. According to the advance copy, the rule amends current regulations “to clarify how U.S. Citizenship and Immigration Services (USCIS) will determine whether there is an ‘employer-employee relationship’ between the petitioner and the beneficiary for the purposes of qualifying as a ‘United States employer.’” The rule does not finalize other provisions from the previous IFR version. DOL issued two guidance documents regarding the obligations of common-law secondary employers of H-1B workers. The guidance is scheduled to take effect July 14. Additional information: The incoming Biden administration has indicated that it intends to delay any regulations that have not taken effect by Wednesday when President-elect Joe Biden takes office. BAL is closely monitoring developments on H-1B regulations and the new administration’s posture toward midnight regulations and will update clients as information becomes available. This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com. Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Immigration News United States | USCIS posts July 24 update on Form I-9 guidance for Haiti TPS designation Today, U.S. Citizenship and Immigration Services published an update on the termination of Temporary Protected Status (TPS) designation for… July 24, 2026 Read More
Immigration News United States | Pilot program for paid expedited B visa interviews launched July 21 in Mexico The State Department has launched a pilot program allowing eligible B-1/B-2 visa applicants applying at the U.S. Embassy and Consulates… July 23, 2026 Read More
Immigration News United States | State Department provides payment instructions for visa bond program A prior May 13, 2026, State Department visa news alert was recently adjusted to clarify visa bond payment requirements. The… July 22, 2026 Read More
Immigration News United States | Federal court temporarily blocks USCIS from implementing certain TPS and asylum fee policies A federal district court order has temporarily blocked U.S. Citizenship and Immigration Services from implementing portions of USCIS… July 22, 2026 Read More