DHS Final Rule on H-1B Modernization
The U.S. Department of Homeland Security (DHS) has published a final rule for the H-1B nonimmigrant visa program, which changes how “specialty occupation” is characterized and evaluated. The H-1B visa category, as defined by statute, is related to occupations that require highly specialized knowledge and a bachelor’s degree in a specific specialty or its equivalent.
Under the final rule, DHS addresses how “specialized occupation” is defined and applied to current and future H-1B petitions. United States Citizenship and Immigration Services (USCIS) will now be allowed to evaluate what degree fields the petitioner can accept and determine if it is related directly to the job duties to qualify as a specialty occupation. In addition, under this finalized rule, USCIS will evaluate the position and determine if the petition includes a bona fide position in a specialty occupation that will be available at the start date designated on the petition. Speculative employment will be a major focus under this new rule. Another important factor in this rule is the return by USCIS Fraud Detection and National Security (FDNS) unit of “site visits.” This rule now makes these “site visits” mandatory.
Finally, the rule also extends certain flexibilities for students on an F-1 student visa seeking to change their status to H-1B to avoid disruptions in lawful status and employment authorization. USCIS will now be allowed to process applications more quickly for most individuals who had been previously approved for an H-1B visa.
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If you have questions about this announcement, please connect with OIS at ois@uic.edu or (312) 996-3121 during our regular office hours of Monday through Friday, 8:30 a.m. to 5:00 p.m.