regulatory text restored to appear as it did before the October 2020 IFR
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
regulatory text restored to appear as it did before the October 2020 IFR
Conditions and exceptions
Recorded validated scope: 8 CFR Part 214.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
October 2020 IFR; however, changes to the regulatory text as set forth in the IFR are still reflected in the Code of Federal Regulations (CFR) at 8 CFR 214.2. --------------------------------------------------------------------------- \1\ 85 FR 63918 (Oct 8, 2020). \2\ See JSW Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20-cv-07331 (N.D. Cal. Dec. 1, 2020). --------------------------------------------------------------------------- This rule removes from the CFR the regulatory text that the Department promulgated in the October 2020 IFR and restores the regulatory text to appear as it did before the October 2020 IFR, and consistent with the rules that remain valid subsequent to the court's vacatur. DHS is not required to provide notice and comment or delay the effective date of this rule because this rule simply implements the court's vacatur of the IFR and restores the regulatory text so that it correctly reflects the regulatory text that predates the vacatur and remains valid. The changes made by the IFR do not have any legal effect. Moreover, good cause exists here for bypassing any otherwise applicable … requirements of notice and comment and a delayed effective date. Notice and comment and a delayed effective date are unnecessary for the implementation of the court's order vacating the rule and would be impracticable and contrary to the public interest in light of the agency's immediate need to implement the final judgment. See 5 U.S.C. 553(b)(B), (d). DHS believes that delaying the ministerial act of restoring the regulatory text in the Federal Register is contrary to the public interest because it could lead to confusion, particularly among the regulated public, as to the eligibility requirements …
Federal RegisterOpen official source
Retrieved from https://www.federalregister.gov/documents/2021/05/19/2021-10489/strengthening-the-h-1b-nonimmigrant-visa-classification-program-implementation-of-vacaturReview method
Two separate automated exact-claim source reviews
Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record record-measure-5ded7f75c6ad57741a68ee84. Something wrong? Flag this record.
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