Federal Court in California Blocks as Unlawful New DHS/DOL Rules That Would Severely Restrict H-1B Visas
Insights for Employers Alert | 1 min read
Dec 4, 2020
Earlier this week, The U.S. District Court for the Northern District of California blocked two regulations issued by the Department of Homeland Security (DHS) and the Department of Labor (DOL) that would have drastically limited availability of the H-1B visa program.
U.S. employers commonly use H-1B employment authorizations to temporarily employ foreign nationals in "specialty occupations." These are occupations that require specialized education—typically a bachelor's degree or its equivalent—or higher. The DHS rule made a number of changes to the H-1B program, including greatly narrowing the types of positions that would qualify as an H-1B specialty occupation. Additionally, the DOL rule changed the manner in which they calculated the "prevailing wage" rate required to be paid by employers to individuals sponsored for H-1B status, which would have drastically raised such wages. The court deemed these rules unlawful.
Both the DHS and DOL rules were enacted without the normal notice and comment rulemaking required under the Administrative Procedures Act. In overturning both sets of regulations, the court acknowledged that the COVID-19 pandemic was indeed a public health emergency, but that this fact was not sufficient justification to bypass the typical notice and comment rulemaking process. The court noted that the good cause exception to notice and comment rulemaking should be narrowly construed and that neither DHS or DOL were able to show the necessary level of dire consequences that would result from going through the usual notice and comment rulemaking.
Related People
Related Capabilities
Featured Insights

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

In The News
Sep 3, 2026
Jennifer Driscoll Analyzes FTC Suit over Amazon’s Advertising Pricing Practices

In The News
Sep 2, 2026
Yvonne Ocrant Discusses Horse Business Legal Protection on the EquineRevShare Podcast

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations

Press Release
Sep 2, 2026
Jennifer Driscoll Reappointed to CBA's Antitrust & Trade Regulation Section Executive Committee



