DHS Plans To Amend H-1B Regulations Governing Specialty Occupation Workers

The Department of Homeland Security (DHS) plans to amend its H-1B regulations "governing H–1B specialty occupation workers to modernize and improve the efficiency of the H–1B program, add benefits and flexibilities, and improve integrity measures." The notice of proposed rulemaking (NPRM), expected to be published in the Federal Register on October 23, 2023, would also "narrowly impact other nonimmigrant classifications, including H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3, and TN." A 60-day public comment period starts following the publication of the NPRM in the Federal Register.

Below is a non-exhaustive summary of highlights. DHS proposes to:

• Revise the regulatory definition and criteria for a "specialty occupation" and clarify that a position may allow a range of degrees if they have a direct relationship to the duties of the position;