Anything new in this new H1B rule?

[r2d2]

 

[Aquaman]

The USCIS is publishing new rules for H1B trying to make changes to make it modern.

We analyze how the modernization of these rules will affect the existing H1B workers as well as new kids graduating and filing H1B applications.

The final date of new H1B rules activation is not known yet. The final date will be 30 days after the rules are published in the Federal register.

We will update this page when the date of activation is available officially.

This article will discuss:

• Effects on H1B Workers
  • Education degree – directly related to H1B Job
  • H1B Amendment – Change in Work Location
  • No H1B itinerary required
  • Maintenance of status proof mandatory
  • Automatic F-1 to H-1B extension
  • Site visits to be made legally bounding
• Effects on IT Consulting Companies
• FAQ

Effects on H1B Workers

 

 Education degree – directly related to H1B Job

New rules require that H1B workers must provide evidence of “specialty occupation” qualifications tied directly to their degree.

Earlier, it was not mandatory but now, they are making it required.

The employer can mention various education degrees that are eligible or in sync with job requirements but all those degrees should be directly related to the job function.

 

Example 1

Job Title: Data Analyst
Required Degree: Bachelor’s degree in Data Science, Statistics, Computer Science, or a closely related field.

 

• The job requires specialized knowledge in data modeling, statistical analysis, and programming, which are specifically taught in these degree programs.
• The coursework in these fields (e.g., data visualization, SQL, Python, and statistical inference) provides practical and theoretical knowledge directly applicable to the role’s duties.

If the applicant holds a degree in an unrelated field, such as Business Administration, they may need to demonstrate additional credentials (certifications or equivalent experience) to meet the directly related criteria.

 

Impact

This could make it harder for those with degrees in general fields (like Business Administration) to qualify, causing delays or denials.

Example 2

Mechanical Engineering Degree and H1B for Software Engineer Role

 

 

Scenario

• H1B Worker: Holds a Bachelor’s Degree in Mechanical Engineering.
• Job Title: Software Engineer at Infosys.
• Challenge: Under the new rule, the H1B applicant must show that the degree (Mechanical Engineering) is directly related to the job duties of a Software Engineer.

---

How to Demonstrate Qualification

To meet the new specialty occupation requirements, the worker must provide evidence that the knowledge and skills from their Mechanical Engineering degree directly relate to the duties of the Software Engineer role.

1. Coursework Relevance:
   The worker can highlight specific coursework or academic projects that are directly applicable to software development. For example:
   • Courses in Computer Programming, CAD Software Development, or Control Systems.
   • Final year projects or thesis involving software tools like MATLAB, Python, or custom applications for mechanical systems.
2. Professional Experience Alignment:
   The worker can show professional experience in software development through:
   • Internships, projects, or full-time roles during/after their degree that required programming skills (e.g., developing automation scripts or engineering tools).
   • Use of programming languages, frameworks, or databases relevant to the current software engineer role.
3. Job-Specific Justifications:
   Infosys can argue that their Software Engineer role involves solving problems requiring analytical and computational skills, which are part of a Mechanical Engineering background. For instance:
   • Simulation software development.
   • Writing algorithms for predictive maintenance in manufacturing systems.
4. Supplementary Certifications:
   Additional certifications in software technologies (e.g., Java, AWS, or Full-Stack Development) can strengthen the case that the worker possesses the required specialized knowledge.

Outcome

By connecting specialized skills in software development to coursework and professional experience, the applicant can demonstrate that their degree in Mechanical Engineering logically supports the requirements of the Software Engineer position. This aligns with the new H1B rule’s “directly related” criteria.

 

 H1B Amendment – Change in Work Location

Old Rule

Employers were required to file an H1B amendment whenever there was a material change in the terms and conditions of employment, including a change in work location.

New Rule

The rules even though were the same earlier, are now clearly defined.

Earlier the same rules were vague and not consistent. Attorneys used to take a final call.

• An amendment is required if the new location is outside the geographical area covered by the original Labor Condition Application (LCA).
• No amendment is required if the change is within the same metropolitan statistical area (MSA) covered by the original LCA.

Is H1B Amendment required (App)
 

 

 No H1B itinerary required

H1B workers and employers are not required to send an H1B work itinerary now with H1B amendments, extensions or transfers.

Impact

You can skip sending the work itinerary with your H1B application.

 

 Maintenance of status proof mandatory

For Extensions, transfers, Amendments, and changes of status, send the proof of maintenance of status with the H1B application.

Impact

Most attorneys do send the last 3 pay stubs currently to avoid RFEs but this is now a mandatory requirement.

 

 Automatic F-1 to H-1B extension

 

The new F-1 to H-1B rule introduces an automatic extension of F-1 status and employment authorization until April 1 of the fiscal year when the H-1B petition is filed.

 

Old Rule: Cap-Gap Extension

Previously, the “cap-gap” rule automatically extended an F-1 student’s status and work authorization from the OPT expiration date until October 1, the start of the fiscal year for approved H-1B petitions.

However, this extension only applied to students whose H-1B petitions were approved or pending by the time their F-1 status expired.

 

New Rule: Extension Until April 1

The updated rule provides additional flexibility:

1. Automatic Extension: F-1 status and employment authorization are automatically extended until April 1 if:
   • The student’s F-1 status or OPT expires before April 1.
   • A timely-filed H-1B petition with a change-of-status request is pending adjudication for the next fiscal year.
2. Why April 1?
   • April 1 is when USCIS begins accepting H-1B cap-subject petitions for the new fiscal year (starting October 1).
   • This avoids gaps in employment authorization for F-1 students whose status or work authorization might otherwise expire before their employer can submit the H-1B petition.

Example Scenario

• Student’s OPT Expiration: March 15.
• Employer’s H-1B Petition Filing: April 1.
• Issue: Without this rule, the student would have to stop working on March 15, as their status and work authorization expire.
• Solution: The new rule extends the student’s F-1 status and OPT authorization until April 1, allowing continuous lawful work until the H-1B petition is filed.

Benefits of the Rule

• Avoids Employment Gaps: F-1 students can continue working without interruptions until H-1B petitions are processed.
• Increased Stability: Employers no longer face workforce disruptions caused by the expiration of F-1 status before April.
• Streamlined Transition: Simplifies the bridge from F-1 status to H-1B without creating a “gray period” of uncertainty.

 

 H1B person ownership in the company – reduced 18 months approval

H1B validity for business owner applicants is capped at 18 months initially and for the first extension.

It may be a full 36-month extension starting the second H1B extension.

Impact

More frequent renewals create additional uncertainty for H1B entrepreneurs.

 

 Site visits to be made legally bounding

H1B site visit to verify the physical presence and work in the field will be legally bounding.

Currently, you or your employer can deny providing details on USCIS site visits as per law.

Impact

H1B may be revoked if you don’t comply with site visits now.

 

Effects on IT Consulting Companies

#1 H1B Job Requirement

IT consulting companies must now provide more robust proof of job offers and contracts.

Impact

Increased documentation requirements could make it harder for smaller firms to sponsor H1B visas, possibly leading to higher administrative costs.

 

#2 Client site placement

When placing H1B workers at client sites, the employer must demonstrate that the position is in a specialty occupation per the third-party client’s requirements.

Example

For judging the ‘specialty occupation’ criteria, USCIS will use the client’s job role and duties and not the IT consulting company’s job role.

Impact

This may reduce flexibility and increase scrutiny, leading to fewer approvals for consulting companies heavily reliant on third-party placements.

 

#3 Employer-Employee Relationship

Employers must control the H1B worker, even in third-party placements.

Impact

Could discourage “body-shopping” practices, where IT consulting companies place workers with minimal oversight.

1.  

This is going to add more challenges for consulting companies and some H1B workers, particularly those in less specialized roles or those reliant on third-party client site placements.

However, students and high-skilled workers directly employed by reputable companies stand to benefit from the added clarity and streamlined processes.

[ManchamKodi]

12 minutes ago, Aquaman said:

The USCIS is publishing new rules for H1B trying to make changes to make it modern.

We analyze how the modernization of these rules will affect the existing H1B workers as well as new kids graduating and filing H1B applications.

The final date of new H1B rules activation is not known yet. The final date will be 30 days after the rules are published in the Federal register.

We will update this page when the date of activation is available officially.

This article will discuss:

• Effects on H1B Workers
  • Education degree – directly related to H1B Job
  • H1B Amendment – Change in Work Location
  • No H1B itinerary required
  • Maintenance of status proof mandatory
  • Automatic F-1 to H-1B extension
  • Site visits to be made legally bounding
• Effects on IT Consulting Companies
• FAQ

Effects on H1B Workers

 

 Education degree – directly related to H1B Job

New rules require that H1B workers must provide evidence of “specialty occupation” qualifications tied directly to their degree.

Earlier, it was not mandatory but now, they are making it required.

The employer can mention various education degrees that are eligible or in sync with job requirements but all those degrees should be directly related to the job function.

 

Example 1

Job Title: Data Analyst
Required Degree: Bachelor’s degree in Data Science, Statistics, Computer Science, or a closely related field.

 

• The job requires specialized knowledge in data modeling, statistical analysis, and programming, which are specifically taught in these degree programs.
• The coursework in these fields (e.g., data visualization, SQL, Python, and statistical inference) provides practical and theoretical knowledge directly applicable to the role’s duties.

If the applicant holds a degree in an unrelated field, such as Business Administration, they may need to demonstrate additional credentials (certifications or equivalent experience) to meet the directly related criteria.

 

Impact

This could make it harder for those with degrees in general fields (like Business Administration) to qualify, causing delays or denials.

Example 2

Mechanical Engineering Degree and H1B for Software Engineer Role

 

 

Scenario

• H1B Worker: Holds a Bachelor’s Degree in Mechanical Engineering.
• Job Title: Software Engineer at Infosys.
• Challenge: Under the new rule, the H1B applicant must show that the degree (Mechanical Engineering) is directly related to the job duties of a Software Engineer.

---

How to Demonstrate Qualification

To meet the new specialty occupation requirements, the worker must provide evidence that the knowledge and skills from their Mechanical Engineering degree directly relate to the duties of the Software Engineer role.

1. Coursework Relevance:
   The worker can highlight specific coursework or academic projects that are directly applicable to software development. For example:
   • Courses in Computer Programming, CAD Software Development, or Control Systems.
   • Final year projects or thesis involving software tools like MATLAB, Python, or custom applications for mechanical systems.
2. Professional Experience Alignment:
   The worker can show professional experience in software development through:
   • Internships, projects, or full-time roles during/after their degree that required programming skills (e.g., developing automation scripts or engineering tools).
   • Use of programming languages, frameworks, or databases relevant to the current software engineer role.
3. Job-Specific Justifications:
   Infosys can argue that their Software Engineer role involves solving problems requiring analytical and computational skills, which are part of a Mechanical Engineering background. For instance:
   • Simulation software development.
   • Writing algorithms for predictive maintenance in manufacturing systems.
4. Supplementary Certifications:
   Additional certifications in software technologies (e.g., Java, AWS, or Full-Stack Development) can strengthen the case that the worker possesses the required specialized knowledge.

Outcome

By connecting specialized skills in software development to coursework and professional experience, the applicant can demonstrate that their degree in Mechanical Engineering logically supports the requirements of the Software Engineer position. This aligns with the new H1B rule’s “directly related” criteria.

 

 H1B Amendment – Change in Work Location

Old Rule

Employers were required to file an H1B amendment whenever there was a material change in the terms and conditions of employment, including a change in work location.

New Rule

The rules even though were the same earlier, are now clearly defined.

Earlier the same rules were vague and not consistent. Attorneys used to take a final call.

• An amendment is required if the new location is outside the geographical area covered by the original Labor Condition Application (LCA).
• No amendment is required if the change is within the same metropolitan statistical area (MSA) covered by the original LCA.

Is H1B Amendment required (App)
 

 

 No H1B itinerary required

H1B workers and employers are not required to send an H1B work itinerary now with H1B amendments, extensions or transfers.

Impact

You can skip sending the work itinerary with your H1B application.

 

 Maintenance of status proof mandatory

For Extensions, transfers, Amendments, and changes of status, send the proof of maintenance of status with the H1B application.

Impact

Most attorneys do send the last 3 pay stubs currently to avoid RFEs but this is now a mandatory requirement.

 

 Automatic F-1 to H-1B extension

 

The new F-1 to H-1B rule introduces an automatic extension of F-1 status and employment authorization until April 1 of the fiscal year when the H-1B petition is filed.

 

Old Rule: Cap-Gap Extension

Previously, the “cap-gap” rule automatically extended an F-1 student’s status and work authorization from the OPT expiration date until October 1, the start of the fiscal year for approved H-1B petitions.

However, this extension only applied to students whose H-1B petitions were approved or pending by the time their F-1 status expired.

 

New Rule: Extension Until April 1

The updated rule provides additional flexibility:

1. Automatic Extension: F-1 status and employment authorization are automatically extended until April 1 if:
   • The student’s F-1 status or OPT expires before April 1.
   • A timely-filed H-1B petition with a change-of-status request is pending adjudication for the next fiscal year.
2. Why April 1?
   • April 1 is when USCIS begins accepting H-1B cap-subject petitions for the new fiscal year (starting October 1).
   • This avoids gaps in employment authorization for F-1 students whose status or work authorization might otherwise expire before their employer can submit the H-1B petition.

Example Scenario

• Student’s OPT Expiration: March 15.
• Employer’s H-1B Petition Filing: April 1.
• Issue: Without this rule, the student would have to stop working on March 15, as their status and work authorization expire.
• Solution: The new rule extends the student’s F-1 status and OPT authorization until April 1, allowing continuous lawful work until the H-1B petition is filed.

Benefits of the Rule

• Avoids Employment Gaps: F-1 students can continue working without interruptions until H-1B petitions are processed.
• Increased Stability: Employers no longer face workforce disruptions caused by the expiration of F-1 status before April.
• Streamlined Transition: Simplifies the bridge from F-1 status to H-1B without creating a “gray period” of uncertainty.

 

 H1B person ownership in the company – reduced 18 months approval

H1B validity for business owner applicants is capped at 18 months initially and for the first extension.

It may be a full 36-month extension starting the second H1B extension.

Impact

More frequent renewals create additional uncertainty for H1B entrepreneurs.

 

 Site visits to be made legally bounding

H1B site visit to verify the physical presence and work in the field will be legally bounding.

Currently, you or your employer can deny providing details on USCIS site visits as per law.

Impact

H1B may be revoked if you don’t comply with site visits now.

 

Effects on IT Consulting Companies

#1 H1B Job Requirement

IT consulting companies must now provide more robust proof of job offers and contracts.

Impact

Increased documentation requirements could make it harder for smaller firms to sponsor H1B visas, possibly leading to higher administrative costs.

 

#2 Client site placement

When placing H1B workers at client sites, the employer must demonstrate that the position is in a specialty occupation per the third-party client’s requirements.

Example

For judging the ‘specialty occupation’ criteria, USCIS will use the client’s job role and duties and not the IT consulting company’s job role.

Impact

This may reduce flexibility and increase scrutiny, leading to fewer approvals for consulting companies heavily reliant on third-party placements.

 

#3 Employer-Employee Relationship

Employers must control the H1B worker, even in third-party placements.

Impact

Could discourage “body-shopping” practices, where IT consulting companies place workers with minimal oversight.

1.  

This is going to add more challenges for consulting companies and some H1B workers, particularly those in less specialized roles or those reliant on third-party client site placements.

However, students and high-skilled workers directly employed by reputable companies stand to benefit from the added clarity and streamlined processes.

@csrcsr uncle f00k @USCIS1 and I will stop the new rules from Kamala harris born city Oakland, california

[anna_gari_maata]

I don't know about this but my company sent a huge education evaluation document last two times citing my courses in college since my degrees were not cse