DHS Removes Vacated H-1B Rule from the Code of Federal Regulations

May 20, 2021 Anne Walsh

The Department of Homeland Security (DHS) has issued a final rule in the Federal Register that removes an interim final rule (IFR) titled “Strengthening the H-1B Nonimmigrant Visa Classification Program” from the Code of Federal Regulations, effective May 19, 2021.


The interim final rule was issued by DHS on Oct. 8, 2020 and was set to go into effect Dec. 7, 2020. The rule sought to raise minimum wage requirements and tighten eligibility requirement for certain categories, including H-1B.

The rule was vacated before its effective date by the U.S. District Court for the Northern District of California on Dec. 1, 2020 on the grounds that the interim final rule violated proper rulemaking procedures in accordance with the Administrative Procedure Act (APA).

Envoy is pleased to provide you this information, which was prepared in collaboration with Anne Walsh, who is a Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.

About the Author

Anne is a Partner with Global Immigration Associates. In this role, she provides counsel for companies ranging from startups to Fortune 500 corporations and their foreign national employees. Anne’s practice focuses on obtaining visas and employment-based green cards in all categories; immigration compliance arising from corporate changes, such as reorganizations and restructuring; and office relocations and company immigration policies and best practices. She also has extensive experience preparing and reviewing business immigration filings, requests for further evidence and appeals, and in researching and analyzing immigration statutes, policy and procedure. Anne works with clients in several industries, including software, cloud technology, manufacturing and electronics. In addition to her employment-based practice, Anne provides counsel for individuals pursuing visas and green cards through family relationships.

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