Advance Copy of USCIS Final Rule on Strengthening the H-1B Nonimmigrant Visa Classification Program

On 1/15/21, DHS published an advanced copy of a final USCIS rule, "Strengthening the H-1B Nonimmigrant Visa Classification Program," narrowly amending its 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." DHS has indicated that it is not finalizing other provisions of the Interim Final Rule, Strengthening the H-1B Nonimmigrant Visa Classification Program , published in the Federal Register on October 8, 2020 (85 FR 63918, 10/8/20). This final rule still needs to be published in the Federal Register. The final rule, if published, will not take effect for at least 180 days.

Editorial Note: On January 20, 2021, White House Chief of Staff Ron Klain issued a memorandum that directs, in part, that 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must "consider" postponing the effective dates for regulations that have been published but not yet taken efect for 60 days from today's date. As a result, this rule will be withdrawn.

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Cite as AILA Doc. No. 21011504.

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