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Trump Administration Moves Interim Final Rule to Restrict H-1B Visas

Administration Looks to Short-Circuit Process to Impose Draconian Measures, With Court Challenge Likely

The Department of Homeland Security in conjunction with its agency The United States Citizenship and Immigration Services have moved an Interim Final Rule to the Office of Management and Budget (“OMB”) that seeks to restrict H-1B visas by re-defining “specialty occupation” and by curtailing the ability for professionals in H-1B visas to work at third-part client locations. These draconian measures, that will undermine the critical work performed by these highly skilled individuals, is most likely to be challenged in court. The administration is rushing through this Interim Final Rule without the required legislative process or the required implementation process that allows for a notice or comment period.

The Administration is implementing this measure in a nakedly political move with view to the coming elections. While the Administration has previously threatened dramatic measures, and backed down in face of pressure from business groups, the elections have changed that calculus and anti-immigration hardliners have become dominant players in the power dynamic within the White House.

Please refer to the following link from the OMB that confirms the movement of this regulation to an Interim Final status – https://www.reginfo.gov/public/do/eoDetails?rrid=131073

We are monitoring this situation closely and will update our clients as soon as we know more. Please contact USILAW with any questions. You may reach us via email at info@usilaw.com.

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