Strengthening the H-1B Nonimmigrant Visa Classification Program, Implementation of Vacatur

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Part 214 RIN 1615-AC13 [CIS No. 2658-20 DHS Docket No. USCIS-2020-0018] AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Final rule. SUMMARY: This final rule removes from the Code of Federal Regulations an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court. DATES: This rule is effective May 19, 2021. FOR FURTHER INFORMATION CONTACT: Charles L. Nimick, Chief, Business and Foreign Workers Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Mail Stop 2090, Camp Springs, MD 20588-0009. Telephone Number (240) 721-3000 (not a toll-free call). SUPPLEMENTARY INFORMATION: I. Background and Basis for Removal of Regulations On October 8, 2020, the Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) titled, Strengthening the H-1B Nonimmigrant Visa Classification Program . [ 1 ] On December 1, 2020, the U.S. District Court for the Northern District of California vacated the IFR. [ 2 ] The Department announced on December 4, 2020, that it would fully comply with the court's decision vacating the October 2020 IFR; however, changes to the regulatory text as set forth in the IFR are still reflected in the Code of Federal Regulations (CFR) at 8 CFR 214.2 . This rule removes from the CFR the regulatory text that the Department promulgated in the Oct…