On October 6, 2020 the Trump administration decided to pass two immigration rules directly aimed at the H1B and PERM Green Card processes. The employer normally requires a degree or its equivalent for the position. Alert: Petitioners should expect a delay in data entry and receipt notice generation for fiscal year 2021 H-1B cap-subject petitions until at least May 1, 2020, due to the impacts of the coronavirus (COVID-19). Generally, a job is a specialty occupation if it requires a bachelor’s degree or higher, or the work is so specialized that it warrants the skills and knowledge gained through higher education. Box 6435 Consistent with existing USCIS policy and practice, a position for which a bachelor’s degree in any field is sufficient to qualify for the position, or for which a bachelor’s degree in a wide variety of fields unrelated to the position is sufficient to qualify, would not be considered a specialty occupation as it would not require the application of a body of highly specialized knowledge. 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The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree. The rule: …amends the definition of a “specialty occupation” at 8 CFR 214.2(h)(4)(ii) to clarify that there must be a direct relationship between the required […] The Department of Homeland Security (DHS) issued an interim final rule effective December 7, 2020, that revises the regulatory definition of and standards for a “specialty occupation” for In 2019, the employer, an IT consulting firm, had filed a cap-subject H1B petition for a foreign national who would be providing tech services for one of the petitioner’s clients. Ithaca, NY 14851 Codifies USCIS’ H–1B site visit authority, including the potential consequences of refusing a site visit. H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models . 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Adds definitions for “worksite” and “third-party worksite”; Revises the definition of “United States employer”; Clarifies how U.S. The long list of requirements for an H1B visa, including the “specialty occupation” requirement isn’t new. The rule: …amends the definition of a “specialty occupation” at 8 CFR 214.2(h)(4)(ii) to clarify that there must be a direct relationship between the required degree field(s) and the duties of the position. It is critical for companies and individuals to understand these rule changes and what to expect as it is aimed at the very core of H1B specialty occupation as well as H1B and PERM Green Card wage requirements that impact the immigration … For more information and advice on US immigration law and US visa applications please contact us on 0344 991 9222 or at london@workpermit.com, Call for paid service +44 (0)344-991-9222. H1B Specialty Occupation List. Email: info@millermayer.com We are the world's most popular immigration advice site with millions of page views a month. This makes hiring foreign workers with an H-1B visa largely out of reach for most companies. In addition, all H-1B petitions for beneficiaries who will be placed at a third-party worksite must submit evidence showing that the beneficiary will be employed in a specialty occupation, and that the petitioner will have an employer-employee relationship with the beneficiary. Similarly, the amended definition clarifies that a position would not qualify as a specialty occupation if attainment of a general degree, without further specialization, is sufficient to qualify for the position. Directions, “Featured Issue: DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels” (data collection form for potential plaintiffs), “USCIS Issues Interim Final Rule Restricting Definition of H-1B Specialty Occupation,” Morgan Lewis, USCIS Updates Guidance on Discretionary Factors for Adjustment of Status Applications, Visa Bulletin for December Includes Info on Diversity Visas, Scheduled Expiration of Two Employment Visa Categories, USCIS Publishes Guidance on E-Verify Tentative Nonconfirmations. Lawyers Association ( AILA ) NY 14850 Mailing address: P.O the position page views a.... Makes hiring foreign workers with an H-1B visa a full-service law firm headquartered in Ithaca, NY 14850 address... A specialty occupation ” requirement isn ’ t new, Ithaca, 14850. 14850 Mailing address: P.O Card processes site visit authority, including the potential of! Applications for US visas are dealt with in-house by a member of the immigration! 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