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U.S. Citizenship and Immigration Services confirmed Friday that the “H-1B strengthening” rule will not take effect today as scheduled, in compliance with a court order last week setting the rule aside.
Key Points:
Background: USCIS published the interim final rule on Oct. 8 with an effective date of Dec. 7. The agency accepted comments from the public until Dec. 7, but in issuing an interim final rule, argued that it did not need to consider the comments before putting the rule into effect. The court found that the government did not provide a strong enough reason to issue the rule without the normal notice-and-comment period required by the Administrative Procedure Act.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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