On December 1st 2020, the U.S. District Court for the Northern District of California vacated the Strengthening the H-1B Nonimmigrant Visa Classification Program Interim Final Rule (IFR). The IFR was to amend certain Department of Homeland Security (DHS) regulations governing the H-1B nonimmigrant visa program. Specifically, the IFR was to revise the regulatory definition and standard for “specialty occupation” and added definitions for “worksite” and “third-party worksite.” The terms clarified what a “U.S. employer” is and also reviewed the employer-employee relationship requiring additional evidence of work in specialty occupations. Among these changes, the validity period for third-party placement was reduced to a maximum of 1 year and reviewing itinerary requirements for H-1B petitions and codifying USCIS’s H-1B site visit authority and related consequences for denying such visits.

The IFR was scheduled to go into effect on Monday, December 7, 2020. These changes have now been set aside and USCIS with fully comply with the court’s decision. If you believe you may be affected or know someone, please reach out to our knowledgeable attorneys and experts at International Legal and Business Services Group, LLP.

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