Business Immigration Group Submits Comment on H-1B Modernization to Department of Homeland Security

WASHINGTON, DC - On Friday, December 22, Seyfarth Shaw LLP’s Business Immigration Group submitted a comment to the Department of Homeland Security on the US Citizenship and Immigration Services’ Notice of Proposed Rulemaking on H-1B modernization, offering critical recommendations in regard to the H-1B modernization rule with respect to the definition of “specialty occupation” contained within the rule, emphasizing inconsistencies with precedent case law and advocating for a case-by-case analysis of the relationship between educational qualifications and job duties.

Key highlights from the comment include:

1. The definition of "specialty occupation" proposed by the NPRM raises concerns as proposed language conflicts with precedent case law and may limit access to talent.
2. The NPRM's treatment of Business Administration degrees as generalized should be reconsidered. Historical case law is cited to argue that Business Administration is not a generalized degree. The group emphasizes the need for a case-by-case analysis rather than a blanket classification of degrees.
3. The proposed rule's declaration that a "general" degree is insufficient for a "specialty occupation" is also inconsistent with case law. A case example demonstrates the importance of substantive knowledge over degree labels.
4. USCIS's proposed regulatory text about the relationship between a course of study and the offered H-1B position may lead to unintended discretion and inconsistency in looking at degree fields. The group proposes modifying the definition of "Specialty Occupation" to focus on evaluating the body of the beneficiary's highly specialized knowledge through a full assessment of educational studies.

Seyfarth’s Business Immigration Group is one of the largest immigration practices based in a global general practice law firm. Using a powerful combination of legal knowledge and business capabilities, the group provides best-in-class service for a variety of US and global corporations. The group’s strategic approach aids clients in efficiently managing their workforce, leveraging global talent, and navigating the complexities of immigration challenges. Drawing on extensive experience, including collaboration with clients employing up to 8,000 foreign nationals, the group has built a robust infrastructure for large program management, uniquely positioning them to address nuanced immigration issues associated with companies having global mobility needs.

You can read the full comment here.