The Biden administration published a final rule on H-1B visas to place its stamp on immigration policy before Donald Trump takes office.
administration published a final rule on H-1B visas to place its stamp on immigration policy before Donald Trump takes office. on H-1B visas to place its stamp on immigration policy before Donald Trump returns to the White House. While not all of the regulation will please employers, it is more tech-friendly and pro-immigration than H-1B policies during Donald Trump’s first term. In the final rule, U.S.
USCIS did not significantly change the regulatory language on general degrees in the final rule except to eliminate the words “such as business administration or liberal arts” as examples of a “general degree.” The provision now reads: “A position is not a specialty occupation if attainment of a general degree, without further specialization, is sufficient to qualify for the position.
“The rule allows USCIS to ignore—in certain situations—what the H-1B employer explains are the job requirements, and instead can insist on obtaining from the customer or client what it views as the requirements for the role,” said Miner. “This provision reflects an unfortunate misunderstanding that USCIS continues to have regarding placement of an H-1B worker at a client location.
USCIS also did not change in the final rule provisions about site visits. USCIS rejected the argument that the agency lacked the authority to conduct site visits or that the rule granted the agency authority to enter businesses and even private residences without “The new rule reflects a shift away from the relaxed adjudications environment that has prevailed under the Biden administration,” according to Goel. “H-1B employers that have enjoyed a period of reduced documentary burdens, fewer Requests for Evidence, and high approval rates should brace for a return to adjudications that more closely mirror the 2010-2020 period, which was marked by historically higher Requests for Evidence and denial rates.
Employers and university groups also supported provisions in the final rule that allow more organizations to qualify as H-1B cap-exempt nonprofit research institutions and greater leeway for H-1B visa holders to become entrepreneurs.
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