DHS’s Proposal to Revise Definition of Specialty Occupation for H-1B Visas
The Department of Homeland Security (DHS) proposed as part the Office of Information and Regulatory Affair’s Fall 2017 Publication a revision of the definition of “specialty occupation” for H-1B visa holders. The intent is to increase focus on obtaining the “best and brightest foreign nationals” via the H-1B program and to award H-1B visas only to individuals who will be working in a job which meets the statutory definition of specialty occupation.
The revision also proposes to redefine the terms “employment” and “employer-employee” relationship and proposing additional requirements designed to ensure employers pay appropriate wages to H-1B visa holders. DHS did not provide further commentary on the terms of the revisions, but anticipates having the proposed rule out by October 2018.