Trump Administration’s Plans To Revise The Definition Of “specialty occupation” For H-1B Visas
The Department of Homeland Security is committed to more regulation that limits H-1B visa qualifiers. What does that mean to H-1B applicants?
The Department of Homeland Security (DHS) is committed to enacting more regulation that limits H-1B visa qualifiers. As part of the proposed regulation titled “Strengthening the H-1B Nonimmigrant Visa Classification Program,” the DHS aims to redefine specialty occupation in an attempt to exclude a large percentage of occupations that are currently eligible for H-1B visas.
USCIS will no longer give deference to previously approved H-1B visa petitions and will treat H-1B visa extensions as NEW applications to evaluate eligibility. For this reason, any change to the current specialty occupation criteria may negatively affect thousands of high-skill immigrants currently working in the United States by rendering many ineligible for an extension while they are in the queue for their green card priority date.
Redefining specialty occupation to include achievement beyond a qualifying degree will arbitrarily complicate the process and drain employer resources. Furthermore, if the revised definition focuses too narrowly on the degree title and overlooks the individual’s specialized body of knowledge, it may completely neglect the U.S. employers’ needs in a competitive labor market.
Related Posts
The Trump administration's introduction of an unprecedented $100,000 fee for new H-1B visa applications
A complete 2025 guide to the H-1B visa for workers and employers, covering specialty occupations, dual intent, rising scrutiny, site visits, and evidence.
The H-1B visa program, a lifeline for skilled foreign professionals aspiring to work in the United States.
Related Visa Guides
The nonimmigrant H-1B visa allows U.S. companies to employ foreign nationals with theoretical or technical knowledge in a specialty occupation.
The EB-3 visa is a third preference employment-based green card for skilled, professional, and in some cases "unskilled" workers.
The EB-5 Investor visa allows permanent US residency (Green Card) to foreign investors who can invest significant capital in US companies.