The following is the text of the proposed rule that the Acting Secretary approved on October 28, 2020. The official version of this document will publish in the Federal Register and be available at https://www.federalregister.gov. The comment period will open on the date of the official version’s publication in the Federal Register.
The Department of Homeland Security (DHS) has announced the transmission to the Federal Register of a notice of proposed rulemaking (NPRM) that would prioritize the selection of H-1B registrations based on corresponding wage levels in order to better protect the economic interests of U.S. workers, while still allowing U.S. employers to meet their personnel needs and remain globally competitive.
Today the U.S. Department of Homeland Security announced an interim final rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.S. workers, restore integrity to the H-1B program and better guarantee that H-1B petitions are approved only for qualified beneficiaries and petitioners.
The Department of Homeland Security has announced a proposed rule to require a fixed period of stay for international students, exchange visitors and foreign information media representatives to encourage program compliance, reduce fraud and enhance national security.
DHS, in coordination with the Department of State, announced the imposition of visa sanctions on Burundi due to lack of cooperation in accepting its citizens and nationals ordered removed from the United States.
To address the threat to the nation posed by the novel Coronavirus 2019 (COVID-19), the President issued Proclamations 9984, 9992, 9993, and 9996, suspending the entry of all aliens who were physically present within the People’s Republic of China (excluding the Special Administrative Regions of Hong Kong and Macau), the Islamic Republic of Iran, the Schengen Area, the United Kingdom, and the Republic of Ireland, during the 14-day period preceding their entry or attempted entry into the United States. Each of the above proclamations includes an exception for “any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.”
The Department of Homeland Security, with the support of the U.S. Department of Agriculture (USDA), has announced a temporary final rule to change certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency. These temporary flexibilities will not weaken or eliminate protections for U.S. workers.
The Department of Homeland Security announced that it will take necessary anti-fraud and abuse measures to protect the integrity of the H-2B visa program and also make available 35,000 supplemental H-2B temporary nonagricultural worker visas for the second half of fiscal year (FY) 2020. The allocation also comes with new conditions to protect American workers, provide relief to seasonal employers who truly need it, and reduce fraud and abuse in the program.
On May 25, Secretary of Homeland Security Kirstjen M. Nielsen announced that an additional 15,000 H-2B temporary nonagricultural worker visas will be available for Fiscal Year 2018. This allocation is in addition to the 66,000 visas already issued this year. Secretary Nielsen made this decision after consulting with Secretary of Labor Alexander Acosta, members of Congress, and business owners.
The President announced today that Chad has raised its security standards to meet important baseline U.S. national security requirements. Therefore, its nationals will again be able to receive visas for travel to the United States. The removal of the restrictions is the result of close cooperation conducted with Chad during a required 180-day review of the Administration’s enhanced global security measures, as outlined by Presidential Proclamation 9645.