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ARTICLE · 25 NOVEMBER 2020

Breaking Down The New DOL And DHS H-1B Rules

Littler Mendelson
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While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration's handling of ongoing agency immigration reforms through the end of 2020.

United StatesEmployment and HR
Jorge Lopez
Jorge Lopez
Elizabeth Whiting
Elizabeth Whiting
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While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration's handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact employers' ability to sponsor foreign workers on visas. Of particular note is the U.S. Department of Homeland Security's (DHS) newest agency rule, Strengthening the H-1B Program,1 which is planned go into effect on December 7, 2020, and will amend 8 CFR 214.2(h), the regulatory section that contains all H-1B program criteria and definitions.

If implemented, this interim final rule (IFR) will make sweeping changes to the regulations covering all aspects of the H-1B program, setting forth new and more restrictive legal definitions and criteria for qualifying as an H-1B worker, demonstrating status as an "employee," and working in a "specialty occupation." The new rule also creates new requirements while limiting work petition validity for

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