White House Chief of Staff Ron Klain issued a memorandum that directs, in part, that 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must “consider” postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the memo’s date. As a result, the DHS final rule narrowly amending regulations to clarify how USCIS will determine whether there is an “employer-employee relationship” between the petitioner and the beneficiary for the purposes of qualifying as a “United States employer” will be withdrawn. As the two companion bulletins published by DOL on January 15, 2021, rely on the finalization of the DHS rule, it is likely that they will be withdrawn by DOL as well.

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Home » Immigration Updates » USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program Will Be Withdrawn by New Administration

USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program Will Be Withdrawn by New Administration