Increased H-1B Restrictions Planned for December 2020

Published: 10/17/2020

Source: Challa Law Group

On October 8, the Trump Administration published an Interim Final Rule increasing H-1B restrictions 60 days from the date of publication. Unless enjoined, the rule will redefine specialty occupation, employer-employee relationships, and limit third-party worksites.

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Major H-1B Updates
  • Requires direct relationship between degree and duties of the position (i.e. sub-specialty)
  • Bachelor’s degree is always required, not “usually” or “normally” as required by the current regulations
  • One-year maximum validity period for all H-1B petitions listing a third-party worksite
    • Applies even if the third-party worksite is secondary to the primary worksite
  • Expands  requirements for bona fide, non-speculative job offers
  • Increase site visits and penalties for non-compliance
    • Refusal to cooperate may be grounds for denial or revocation of any H-1B petition for workers at the inspected worksites
Source: Challa Law Group

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