I am the executive director of the National Foundation for American Policy, a non-partisan public policy research organization focusing on trade, immigration and related issues based in Arlington, Virginia.
Biden administration proposed rule that could restrict who qualifies for an H-1B visa appeared in a Trump rule in 2020. A Biden administration proposed H-1B visa rule copies verbatim significant restrictive language from a 2020 Trump rule aimed at blocking foreign-born scientists and engineers. Companies criticized the negative impact of the language in the Trump rule.
“It is a common mistake to think there is an exact correspondence between field of degree and occupation in the technical labor force,” said labor economist and NFAP Senior Fellow Mark Regets. “In reality, employers often hire workers who have gained the necessary skills through other coursework and experience.
Mehta argues, citing legal precedents, if an occupation requires a generalized degree but specialized experience or training, it should still qualify as a specialty occupation. “Many of Amazon’s most tenured employees with degrees that would not be considered ‘directly related’ under the DHS Rule are going to be at substantial risk of having their renewal cases denied.”
IT services companies may be forced to prove they are providing services and not “staffing,” given the significant distinction in requirements proposed for the two types of firms.that adjudicators would defer to prior determinations when no material error, information or circumstance change exists “adversely impacting the petitioner’s, applicant’s, or beneficiary’s eligibility.” Jaddou reversed a Trump policy that told adjudicators towhen evaluating extension of status applications.
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