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USCIS issues interim final rule revising definition of “Specialty Occupation.”


The Ninth Circuit ruled against DOS in its quest to deny the U.S. citizenship of one of two twins born abroad to a gay married couple. A three-judge panel unanimously affirmed the district court’s decision concluding that 4-year-old Ethan Dvash-Banks is an American citizen despite being conceived with sperm of an Israeli father and being born in Canada using a surrogate mother. The boy’s other father is a U.S. citizen, and the law does not require a child to show a biological relationship if their parents were married at the time of their birthderivative citizenshipcitizenshipborn outside the U.S.USCIS issues interim final rule revising definition of “Specialty Occupation.”DHS issued an Interim Final Rule (IFR) regarding the H-1B visa program. The rule now restricts the program in several ways, including revising the definition of H-1B specialty occupation to include the requirement of a specific relationship between the required degree field and the duties of the offered position, and restores the requirement that employers provide contracts, work orders, itineraries or similar evidence to prove employer-employee relationship when sending H-1B workers to third party worksites. While this requirement was defeated in federal court, the rule restores the requirement. The IFR takes effect December 7, 2020.

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