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Friday, December 11, 2020
In last month’s Epstein Becker Green Immigration Alert, we reported that the U.S. Department of Labor (“DOL”) and U.S. Citizenship and Immigration Services (“USCIS”) had published interim final rules (“IFRs”) titled, respectively, “Restructuring of H-1B/H-1B1/E-3 and PERM Wage Levels” and “Strengthening the H-1B Nonimmigrant Visa Classification Program.”
On December 1, 2020, a U.S. district court in California, in 
Chamber of Commerce, et al., v. DHS, et al., Case No. 20-cv-07331-JSW, 12/1/2020, set aside both IFRs, granting the plaintiffs injunctive relief. The court found that both the DOL and USCIS did not possess appropriate good cause to dispense and skip the Administrative Procedure Act’s notice-and-comment requirements before implementing the regulations. As a result of the court order, the USCIS’s IFR will no longer apply to H-1B adjudications. Moreover, the DOL’s IFR, which significantly increas ....

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