Immigration News - H-1B visa, United States H-1B strengthening rule on hold, USCIS confirms Share this article LinkedIn Facebook X (Twitter) December 7, 2020 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: The interim final rule was scheduled to take effect today and would have tightened the H-1B definitions of “specialty occupation” and “employer-employee relationship” and required more evidence for third-party placement of H-1B workers at client sites. On Dec. 1, U.S. District Judge Jeffrey White setting aside the rule, preventing the agency from implementing it as scheduled. 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. Copyright © 2020 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 | DHS issues final rule on fixed admission periods for F, J and I visas The Department of Homeland Security published a final rule in the Federal Register that establishes fixed admission periods for certain… July 17, 2026 Read More
Immigration News United States | USCIS posts July 17 update on Form I-9 guidance for Burma, Ethiopia, Somalia, South Sudan, Syria and Yemen TPS designations Today, U.S. Citizenship and Immigration Services published updates on the termination of Temporary Protected Status (TPS) designations for… July 17, 2026 Read More
Immigration News United States | FY 2027 H-1B cap reached Today, U.S. Citizenship and Immigration Services announced that it reached the mandated regular cap of 65,000 H-1B visas and master’s… July 17, 2026 Read More
Immigration News United States | State Department posts latest instructions for NIV and IV interview scheduling as of July 15 The State Department’s July 15 alert indicated it has “updated its instructions for all” nonimmigrant (NIV) and immigrant (IV) visa… July 17, 2026 Read More