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Update: Injunction Prevents DHS from Implementing Final Rule on Public Charge Ground of Admissibilit

Updated: Aug 1, 2022

What should I know?

Last week, we posted on our blog about the current Administration's attempt to change the way employers file H-1B petitions. Employers need to know that judges have ordered the Department of Homeland Security (DHS) to postpone the implementation of the Final Rule on Public Charge Ground of Inadmissibility. Until a final resolution has been reached in the cases, employers can continue using the current versions of the forms I-129 and I-539 (the new forms have not yet been released by USCIS).

Why should I care?

If implemented, the new Final Rule would require employers to provide additional information and use a new version of the forms I-129 and I-539 when filing H-1B petitions. Failure to do so would lead to having your applications and petitions returned by USCIS. Even with the injunction preventing the Final Rule from going into effect, employers need to be ready for whatever may happen in the upcoming weeks.

What should I do?

Employers need to stay up-to-date on what is going on with the Final Rule - we will keep posting updates as they happen. There is speculation regarding whether there may be a grace period regarding the use of the new forms if DHS is able to implement their changes, but nothing is for certain right now.

Training for employers who engage in the H-1B process is available HERE.

Business Immigration Lawyer

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

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