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

Last Updated on February 23, 2023

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.