Maryland Criminal & Immigration Lawyer Blog
H-1B visas help workers in various professions, from engineers and scientists to IT professionals, doctors, architects, teachers, and investment bankers. The application process for obtaining an H-1B visa can be complicated, so whether you are a potential sponsor or H-1B visa recipient, obtaining representation from an experienced Maryland immigration lawyer is often essential to mastering the system.
An essential part of this mastery is keeping up with the latest changes and evolutions in the law and the applicable regulations. Earlier this month, the U.S. Customs and Immigration Services released a significant new regulation, the “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers” Final Rule.
The new rule makes several noteworthy adjustments related to H-1B visas. It amends the definition of “specialty occupation.” The current regulation says a “baccalaureate or higher degree or its equivalent is normally the minimum requirement” to serve as a qualifying specialty occupation. The new amendment clarifies that “normally” in this sense does not mean “always.”
The new rule also explains that “a range of… degree fields” may meet the requirement if the fields are “directly related to the job duties.” Under the new rule, a worker could possibly receive an H-1B visa for a job as an engineer, even if the job position required either a B.S. in chemical engineering or a bachelor’s degree in mechanical engineering, provided that a “direct relationship” exists between the job and the disciplines of mechanical engineering and chemical engineering. On the other hand, a job that requires only a bachelor’s degree in any engineering discipline and has no meaningful relationship with, for example, biomedical engineering or civil engineering, does not meet the standard for “specialty occupation” and likely would not yield the issuance of an H-1B visa.
Furthermore, the rule offers essential information for workers performing services at third-party sites. The new rule clarifies that if an H-1B visa holder is placed in a role at a third-party organization, the work the visa holder completes must be in a specialty occupation. In other words, when the USCIS reviews the petition, it will look most closely at the third party’s requirements, not the hiring entity. That will be the key to the agency’s determination as to whether the job is a specialty occupation.
The director of the USCIS said of the rule, “The changes made in today’s final rule will ensure that U.S. employers can hire the highly skilled workers they need to grow and innovate while enhancing the integrity of the program.”
More Changes May Be in the Offing
More changes may soon follow. This final rule takes effect on Jan. 17, 2025, and the new presidential administration takes over three days after that. Various legal analysts have noted that the new administration may seek to roll back part or all of the new rule. Some practitioners have indicated that the first Trump administration frequently challenged purported specialty occupations if the job requirements listed more than one degree field.
As this area of the law continues to shift and evolve, it pays not just to have legal representation but to have someone who is entirely up to date on the newest changes and is experienced in all the procedural aspects of the H-1B petition process. For reliable advice and representation, call on the Maryland H-1B visa attorneys at Anthony A. Fatemi, LLC. We are here, ready to assist you with navigating the H-1B process. Call us at (301) 519-2801 or reach out to us through our online contact form today.