H1-B Work Visa Modernization Update Proposed By The DHS

The U.S. Department of Homeland Security (DHS) recently announced a notice of proposed rulemaking (NPRM) that would modernize and improve the requirements for H-1B specialty occupation workers. Through the proposed rule, DHS seeks to streamline the requirements of the H-1B program, improve the program’s efficiency, and improve integrity measures. It is worth considering what improvements are being proposed and how they might impact future applicants under the H1-B program.

Streamlining Eligibility Requirements

Firstly, the proposal wants to streamline the eligibility requirements currently imposed. The Department feels there should be a more direct relationship between the required degree field(s) and the duties of the position while recognizing there may be more than one acceptable degree field for a specialty occupation. Further, the proposal suggests that a general degree should be insufficient to qualify. While this change is in step with the traditional approach employed by the U.S. Citizenship and Immigration Services (USCIS) in matching bachelor degrees to jobs, and simply seeks to affirm that more than one bachelor’s degree could qualify for a given job, what is missing is more nuanced approach.