Trump Administration Introduces Major Changes To H-1B Visas And Employment-Based Green Cards

Key points

• DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels.
• DHS tightens "specialty occupation" definition and restricts third-party placement of H-1B employees.
• DOL significantly raises wage levels required for H-1B visa holders and green card applicants with immediate effect.
• Three separate lawsuits challenging the rules have been filed, with plaintiffs requesting preliminary injunctions.

  ---

On October 8, 2020, the Trump administration published two regulations that will significantly affect the issuance of H-1B visas and employment-based green cards. Both regulations were issued as Interim Final Rules. Though both rules will go through a 30-day notice and comment period, the DHS rule has an effective date of December 7, 2020, while the DOL rule was effective on the date of publication. In this alert, we describe the specifics of both regulations, their expected impact on the adjudication of work visas and