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Miller Mayer, LLP is a full-service law firm headquartered in Ithaca, New York. Comments are due by November 9, 2020, on the information collection and by December 7, 2020, on the interim final rule. Workpermit.com's team of specialists has over 25 years of experience in immigration services, and have helped thousands of people to study and work in the US. Alert: Petitioners should expect a delay in data entry and receipt notice generation for fiscal year 2021 H-1B cap-subject petitions until at least May 1, 2020, due to the impacts of the coronavirus (COVID-19). Generally, a job is a specialty occupation if it requires a bachelor’s degree or higher, or the work is so specialized that it warrants the skills and knowledge gained through higher education. In addition, all H-1B petitions for beneficiaries who will be placed at a third-party worksite must submit evidence showing that the beneficiary will be employed in a specialty occupation, and that the petitioner will have an employer-employee relationship with the beneficiary. What is new, however, is the increase in specialty occupation RFE (Requests for Evidence) the United States Citizenship and Immigration Services (USCIS) has been issuing. Phone: 607.273.4200 On March 20, 2020, U.S. Directions, “Featured Issue: DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels” (data collection form for potential plaintiffs), “USCIS Issues Interim Final Rule Restricting Definition of H-1B Specialty Occupation,” Morgan Lewis, USCIS Updates Guidance on Discretionary Factors for Adjustment of Status Applications, Visa Bulletin for December Includes Info on Diversity Visas, Scheduled Expiration of Two Employment Visa Categories, USCIS Publishes Guidance on E-Verify Tentative Nonconfirmations. Consistent with existing USCIS policy and practice, a position for which a bachelor’s degree in any field is sufficient to qualify for the position, or for which a bachelor’s degree in a wide variety of fields unrelated to the position is sufficient to qualify, would not be considered a specialty occupation as it would not require the application of a body of highly specialized knowledge. For more information and advice on US immigration law and US visa applications please contact us on 0344 991 9222 or at london@workpermit.com, Call for paid service +44 (0)344-991-9222. Mailing Address: P.O. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. These specialty occupations include: IT / Computer professionals University professors and teachers Engineers Healthcare workers Accountants Financial analysts Management consultants Lawyers Architects Nurses Physicians (workpermit.com offers a special guide for foreign doctors and physicians interested in obtaining an H-1B visa) Surgeons In order to demonstrate that an H1B position is a specialty occupation, the petitioner must demonstrate at least ONE of the following four criteria: 1. The rule: …amends the definition of a “specialty occupation” at 8 CFR 214.2(h)(4)(ii) to clarify that there must be a direct relationship between the required […] Which companies can apply for a US H-1B Visa? This makes hiring foreign workers with an H-1B visa largely out of reach for most companies. In 2019, the employer, an IT consulting firm, had filed a cap-subject H1B petition for a foreign national who would be providing tech services for one of the petitioner’s clients. Click the "allow" button if you want to receive important news and updates from workpermit.com, Copyright © 2020 SIA workpermit.com, Riga, Latvia - All rights reserved, Home Office UK immigration hostile environment policy broke equalities law, Mayorkas US green card scandal jeopardizes nomination, UK Immigration and Brexit after the EU Referendum, Coronavirus Update 06 May 2020 06.05.2020, UK Tier 2 Sponsor Licence Update March 2020, USA non-immigrant visas for workers and businesses, L1B Visa for Specialized Knowledge Workers, E3 Visa for Australians in a Specialty Occupation. Among other things, the interim rule requires that the petitioner establish, at the time of filing, that it has actual work in a specialty occupation available for the beneficiary as of the start date of the validity period as requested on the petition. On October 6, 2020 the Trump administration decided to pass two immigration rules directly aimed at the H1B and PERM Green Card processes. 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