DHS Rescinds Stricter H-1B Program Regulation

On May 18, the Department of Homeland Security (DHS) officially vacated a regulation redefining the H-1B specialty occupation, one of the most popular employment-based visa programs. The rule would have restricted off-site placement of H-1B employees, and increased employer compliance obligations. The rule was vacated after a Federal Court found that the agency did not have good cause to bypass the regular notice and comment rulemaking, violating the Administrative Procedures Act (APA). The rule had never gone into place, so there are no changes to procedures for filing H-1B petitions, however, it stands that the longstanding Code of Federal Regulations on this matter are reinstated.