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Rules and Regulations
Federal Register Vol. 86, No. 95
Wednesday, May 19, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 214
RIN 1615AC13
CIS No. 265820 DHS Docket No. USCIS
20200018

Strengthening the H1B Nonimmigrant Visa Classification Program, Implementation of Vacatur U.S. Citizenship and Immigration Services, Department of Homeland Security.
ACTION: Final rule.
AGENCY:

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 205880009. Telephone Number 240 7213000 not a toll-free call.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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 H1B 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, 1 85

FR 63918 Oct 8, 2020.
JSW Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20cv07331
N.D. Cal. Dec. 1, 2020.
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2020, that it would fully comply with the courts 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 October 2020 IFR
and restores the regulatory text to appear as it did before the October 2020
IFR, and consistent with the rules that remain valid subsequent to the courts vacatur.
DHS is not required to provide notice and comment or delay the effective date of this rule because this rule simply implements the courts vacatur of the IFR and restores the regulatory text so that it correctly reflects the regulatory text that predates the vacatur and remains valid. The changes made by the IFR do not have any legal effect.
Moreover, good cause exists here for bypassing any otherwise applicable requirements of notice and comment and a delayed effective date. Notice and comment and a delayed effective date are unnecessary for the implementation of the courts order vacating the rule and would be impracticable and contrary to the public interest in light of the agencys immediate need to implement the final judgment. See 5 U.S.C.
553bB, d. DHS believes that delaying the ministerial act of restoring the regulatory text in the Federal Register is contrary to the public interest because it could lead to confusion, particularly among the regulated public, as to the eligibility requirements for the H1B
classification. DHS has concluded that each of those three reasonsthat notice and comment and a delayed effective date are unnecessary, impracticable, and contrary to the public interest independently provides good cause to bypass any otherwise applicable requirements of notice and comment and a delayed effective date.
List of Subjects in 8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange program, Employment, Foreign officials, Health professions, Reporting and recordkeeping requirements, Students.
Accordingly, for the reasons set forth in the preamble, DHS amends chapter I
of title 8 of the Code of Federal Regulations as follows:

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PART 214NONIMMIGRANT CLASSES
1. The authority citation for part 214
continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301
1305 and 1372; sec. 643, Pub. L. 104208, 110 Stat. 3009708; Pub. L. 106386, 114
Stat. 14771480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note, and 1931 note, respectively; 8 CFR part 2.

2. Amend 214.2 by:
a. Revising paragraph h2iB;
b. Removing paragraph h4iB7;
c. In paragraph h4ii:
i. Removing the definition of Employer-employee relationship;
ii. Revising the definition of Specialty Occupation;
iii. Removing the definition of Thirdparty worksite;
iv. Revising the definition of United States employer; and v. Removing the definition of Worksite.
d. Revising paragraph h4iiiA;
e. Removing paragraph h4ivC;
f. Amending paragraph h9 by:
i. Redesignating paragraph h9iA
as paragraph h9i, and removing paragraph h9iB, and ii. Revising paragraph h9iiiA1;
and g. Removing and reserving paragraph h24ii.
The revisions read as follows:

214.2 Special requirements for admission, extension, and maintenance of status.

h
2
i
B Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I129 shall be where the petitioner is located for purposes of this paragraph.
4
i
B
ii

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