On July 23, 2021, the Biden administration filed a cross-motion for summary judgment in Chamber of Commerce v. DHS, a lawsuit in the Northern District of California brought by the U.S. Chamber of Commerce, Bay Area Council, National Retail Federation, and others against the Department of Homeland Security’s (DHS) proposed rule, “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions.” The rule, which DHS published on January 8, 2021, purports to amend the regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions.
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