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.