H-1B Revamp Creates New Complexities For Employers

Law360 (October 14, 2020, 7:06 PM EDT) -- On Oct. 8, the U.S. Department of Homeland Security published an interim final rule in response to President Donald Trump's mandate to reform the H-1B Specialty Occupation Nonimmigrant Visa category. The interim final rule is effective Dec. 7, and makes sweeping changes to the H-1B program.[1]

Background on H-1B Nonimmigrant Visas

The H-1B nonimmigrant visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, defined in the Immigration and Nationality Act as:

[An] occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the...

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