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.
About the author: Jon Velie has practiced Immigration law since 1993. He is CEO of OnlineVisas.com., the intelligent Immigration platform. Jon is an Amazon number one best-selling author of H1B Visa: Application & Approval, is regularly covered by major media and has won a number of international awards. Jon can be contacted at firstname.lastname@example.org or 405-310-4333 office or 405-821-5959 mobile.