DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations

The Department of Homeland Security has issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court.

On Oct. 8, 2020, DHS issued an IFR titled, Strengthening the H-1B Nonimmigrant Visa
Classification Program. On Dec. 1, 2020, the U.S. District Court for the Northern District of California vacated the IFR.

This final rule removes the regulatory text that DHS published in the vacated October 2020 IFR and restores the regulatory text to appear as it did before the October 2020 IFR was issued.