20231030-KPMG_Global-United_States_–_Changes_Afoot_for_the_H-1B_Program_4页_285kb

DHS Proposed Rule on H-1B Cap and Specialty Occupation Definition

The DHS is proposing significant changes to the H-1B cap program cycle and the definition of "specialty occupation." To align with modern hiring practices, it aims to revise the definition to better reflect contemporary workforce needs.

Key changes include:

• Adjusting the H-1B cap to incorporate newer requirements for specialty occupations, necessitating a bachelor’s degree and aligning with evolving industry standards.
• Strengthening USCIS’s authority to request contractors and other necessary contracts during the adjudication process.
• Expanding coverage to include additional entities exempt from the H-1B cap, such as certain nonprofit and governmental research organizations.

These regulations seek to ensure program integrity, prevent fraudulent applications, and streamline the review process for petitioners. Agencies like USCIS will have broader oversight authority, potentially speeding up adjudication while maintaining rigorous standards. The rule also includes provisions for saving applicants from multiple filings and ensuring compliance with the latest criteria.

The new rules are expected to impact employers and foreign workers, requiring them to adhere to stricter definitions and procedural requirements. Interpretations may vary, but the intended effect is to modernize the program while preserving its purpose.