District Court for the Northern District of California Strikes Down H-1B Regulations for Violating APA

Strikes Down H-1B Nonimmigrant Visa Program

Written by Taher Kameli & Chathan Vemuri As noted before on this blog site, on October 8, 2020, the Department of Homeland Security issued an interim final rule that was meant to revamp the H-1B Nonimmigrant Visa program.[1] Called Strengthening the H-1B Nonimmigrant Visa Classification Program, this interim final rule changed the definition requirements for “specialty occupations,” among other aspects, in order to make applications for the H-1B Nonimmigrant Visa more challenging.[2]   The overall purpose behind the changes was to decrease reliance on the H-1B program and encourage employers to look