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Biden Administration Lifts Rule to Narrow H-1B Definition of “Specialty Occupation”

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Every fiscal year, the U.S. grants 85,000 H-1B visas for nonimmigrant workers. U.S. employers hire qualified foreign workers after exhausting their recruitment efforts to find someone within the U.S.

Last month, the U.S. Department of Homeland Security (DHS) officially removed the rule that would have redefined the H-1B specialty occupations. The specialty occupations rule was going to set new restrictions and increase employer compliance requirements. Here is what foreign professionals should know about the Biden Administration’s decision to lift the H-1B specialty occupation rule.

2020 H-1B Specialty Occupation Rule

The Interim Final Rulewas issued in October 2020 by the Trump Administration to narrow the definition of “specialty occupation” in H-1B visas. According to the Trump Administration, the goal was to discourage employers from hiring foreign workers just for low-cost reasons. They wanted to motivate employers to hire qualified Americans instead.

The Trump Administration proposed to narrow the requirements by mandating more than a bachelor’s degree to get an H-1B visa. They wanted to require applicants to have a bachelor’s degree specifically in the job-related field they wanted to work in.

How the Elimination of the Rule Reduces H-1B Restrictions

After the change in administration, President Biden ended the ban on entry for H-1B visa holders and lifted the rule that made it even more challenging to get an H-1 visa. Additionally, the Biden administration withdrew the proposed rule that denied work authorization to spouses of H-1B visa holders.

Dallas Employment Immigration Attorneys

If you want to work in the United States by obtaining an H-1B visa, there are many steps you need to take to prepare your application. Our team at Akula & Associates P.C. has helped many professionals obtain the employment authorization they need. We have the knowledge, skills, and experience needed to help you obtain your desired results.

Contact our Dallas employment immigration attorneys today at (844) 299-5003 to schedule a consultation!