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Are you compliant with the new H-1B modernization rule?
BAL’s legal experts clarify three provisions of the new rule published in December 2024 to ensure your organization is equipped to maintain compliance.
U.S. Citizenship and Immigration Services updated the definition of a “specialty occupation” for H-1B workers, clarifying that although the position must “normally” require a degree in order to qualify as a specialty occupation, “normally” means typically or usually and does not mean the degree is always required.
The final rule also added that the degree must be “directly related” to the job, meaning there is a logical connection between the required degree or its equivalent and the duties of the position.
In the final rule, USCIS codifies the agency’s authority to conduct onsite inspections. The rule states that if USCIS is unable to verify facts, including due to the failure or refusal of the petitioner or a third party to cooperate, USCIS may revoke or deny an H-1B petition.
The preamble to the rule clarifies that USCIS will not generally move directly to revocation or denial, but will instead issue a notice of intent to deny or revoke and give the employer an opportunity to respond.
USCIS says that if an H-1B worker is “staffed” to another entity, then the agency will look at the other entity’s job requirements for that position to determine whether it qualifies as a specialty occupation for H-1B status.
USCIS further defined “being staffed to another entity” as being contracted to fill a position in the third-party organization, becoming part of its hierarchy, rather than merely providing services to the third-party organization.
Watch BAL’s government and policy specialists break down 400 pages of the new H-1B rule in 45 minutes. Get exclusive access to the video below.
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Watch BAL break down 400 pages of the new H-1B rule in 45 minutes.
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