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Key Points

  • DHS has issued a final rule vacating an H-1B Interim Final Rule (IFR) issued on October 8, 2020
  • The new final rule will take effect on May 19, 2021
  • As the result of the new final rule, regulatory text will be restored to the original version prior to the IFR’s publication in October 2020
  • Removal of the IFR language follows the rule’s vacatur on December 1, 2020


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

What are the Changes?

The interim final rule was issued by DHS on October 8, 2020. It was later vacated by the US District Court for the Northern District of California on December 1, 2020.

When the final rule takes effect on May 19, 2021, it will remove the regulatory text in the Code of Federal Regulations that was published by DHS in October 2020. The regulatory text will be restored to the version that existed before the October 2020 IFR was published.

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