(December 11, 2020) Ridgewood, NJ. At NPZ Law Group, we regularly monitor developments affecting immigration policy to provide our clients with the informed representation they need and deserve. On Dec. 1, 2020, a federal court set aside two interim final rules promulgated by the U.S. Department of Homeland Security (DHS) and the Department of Labor (DOL) which would have restricted eligibility for H-1B Specialty Occupation visas.
The Backdrop
The DHS’s Interim Final Rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, slated to go into effect on Dec. 7, revised the definition of a Specialty Occupation, reduced validity periods of H-1B petitions for certain beneficiaries, and heightened evidentiary requirements for establishing employer-employee relationships. According to the DHS, about 30 percent fewer H-1B visas would have been issued under these standards.
The DOL’s IFR, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, went into effect on October 8, restructured the prevailing wage system for H-1B, H-B1, and E-3 visa applications.
In Chamber of Commerce, et al., v. DHS, et al.the U.S. District Court for the Northern District of California set aside both IFRs, finding that they (1) were issued without the traditional notice and comment period and (2) did not have a legitimate basis. In short, the court’s ruling means that neither rule may be implemented.
NPZ Law Group regularly helps employers and applicants navigate the H-1B visa process and is dedicated to protecting the rights of the immigrant community throughout the nation. Please contact our office today to learn how the district court ruling impact’s your H-1B status or any questions you may have about anticipated changes to U.S. immigration policy.
About NPZ Law Group
National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around the world. Regionally, our attorneys remain committed to serving the immigration needs of businesses in the Tri-state area. Our nationwide practice is focused on quality legal representation and personal service.