USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program Will Be Withdrawn by New Administration

January 21, 2021
×Close
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directs, in part, that 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must "consider" postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from memo's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  • As a result, the DHS final rule redefining the definition of "employer-employee relationship" will be withdrawn.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published by DOL on January 15, 2021, rely on the finalization of the DHS rule, it is likely that they will be withdrawn by DOL as well.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.

Related News

VIEW ALL
New Executive Order banning the entry of certain non-immigrants delayed as the President’s Cabinet Members and Top advisors could not reach a consensus.

  The Trump administration is weighing a significant expansion of current visa restrictions for foreign workers, widening the scope to include the highly skilled workers relied on by industries ranging from tech to healthcare. Several of President Donald Trump’s cabinet members and top advisers met on Tuesday [06/16/2020]  afternoon to discuss a possible executive order […]

White House prepares new immigration limits, using coronavirus as cover

The Trump administration is preparing to roll out another set of restrictions on legal immigration, citing the impact of the coronavirus pandemic, even as it argues for the reopening of the US economy, according to sources familiar with the deliberations. Despite a push from President Donald Trump to move past the pandemic, the administration is continuing to usher […]

Texas Service Center to Begin Processing Form I-129 for L Visas

On February 12, 2018, the Texas Service Center (TSC) will begin processing certain Form I-129, Petition for a Nonimmigrant Worker petitions for L nonimmigrant classification, also known as L visas. The TSC will share this workload with the California Service Center to balance workloads and to provide flexibility as USCIS works towards improving processing times […]