NewsFlash! Federal Court Blocks Enforcement of New H1B Regulations

Today, a federal district court held that the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) violated the Administrative Procedures Act in issuing regulations that failed to go through the normal rulemaking process.

The DOL rule was published on October 8, 2020, and went into effect immediately. It dramatically increased the salary requirements for H1B and PERM labor cases. The DHS rule, which sought to redefine the requirements for H1B positions, was scheduled to go into effect on December 7, 2020. The court has now blocked the DHS and DOL from enforcing either rule.

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