Update to our previous Blog Post:
Readers will be pleased to learn that the DHS did not submit its scaled-back “H-1B Strengthening” rule by the expiration of the deadline for final rules issued by the Trump Administration. As a result, the H-1B Strengthening rule is subject to a comprehensive freeze on Trump-era late-filed and unfiled regulations issued or to be ordered by the Biden Administration. Without formal action by the Biden Administration, the Strengthening rule will not take effect. The same fate is likely for the DOL guidance documents described in this post. Thus, the July 14, 2021 effective date of the Strengthening rule is off the table for now. Phew!