H-1B Immigration Litigation US Citizenship and Immigration Services

USCIS recognizes court order vacating H-1B rule


USCIS issued a press release on December 4, 2020, recognizing the federal court order vacating its interim final rule. USCIS had previously published the rule named Strengthening the H-1B Nonimmigrant Visa Classification Program, which was set to take effect on December 7, 2020.

This rule was found to violate federal law by a judge on the US District Court for the Northern District of California and will not go into effect until further notice. The court case citation is JSW Chamber of Commerce of the United State of America et al. v. United States Department of Homeland Security, et al., 4:20-cv-07331 (N.D. Cal. Dec. 1, 2020).