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Relief for Indian IT sector as Biden administration removes H-1B visa curbs

The US government has removed a regulation proposed by former president Donald Trump’s administration that sought to narrow the definition of “specialty occupation” under the H-1B visa regime. The change comes as a relief for Indian information technology firms, which are among the largest users of such visas.

“The Department of Homeland Security (DHS) has formally vacated a regulation that would have redefined the H-1B specialty occupation, restricted off-site placement of H-1B employees, and otherwise increased employer compliance obligations. The vacatur follows a federal court ruling that set aside the regulation because the agency did not have good cause to bypass notice and comment rulemaking, in violation of the Administrative Procedures Act,” explained immigration law firm Fragomen.

On Tuesday, the legal immigration agency of the US, the US Citizenship and Immigration Services (USCIS), said the DHS issued a final rule that removes an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court, from the Code of Federal Regulations (CFR).

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