USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program Will Be Withdrawn by New Administration

January 21, 2021
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On 01/21/2021, 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directs, in part, that 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must "consider" postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from memo's date.
  • As a result, the DHS final rule redefining the definition of "employer-employee relationship" will be withdrawn.
  • As the bulletins published by DOL on January 15, 2021, rely on the finalization of the DHS rule, it is likely that they will be withdrawn by DOL as well.
  • The USCIS final rule creating a wage-based selection process for H-1Bs may, upon further agency action, be postponed until March 21, 2021.

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