H-1B Specialty Occupation Visa Rule Under White House Review

A sweeping regulatory overhaul of the H-1B visa program is under review at the White House Office of Information and Regulatory Affairs, the final step before its release to the public.

US Citizenship and Immigration Services last year issued draft regulations that modified eligibility standards, including degree requirements, for the specialty occupation visas that are primarily used by tech fields to hire skilled foreign workers. OIRA received the final rule (1615-AC70) Thursday.

The previously released proposed rule also revamped the annual lottery for the visas, giving each potential beneficiary an equal chance in the selection process. That lottery update was finalized in January ahead of the fiscal 2025 visa lottery. The H-1B program is capped at 85,000 new visas each year.

The draft regulations also clarified eligibility for cap exempt visas and included a policy giving deference to previous agency decisions when adjudicating visa extension requests.

Separate regulations addressing worker protections in two seasonal visa programs also cleared White House review Thursday.

A rule released in draft form last year (RIN 1615-AC76) targeted illegal fees and other worker abuses in the temporary H-2A and H-2B visa programs for agricultural and non-farm seasonal workers, respectively. Proposed regulations included bans of up to four years for employers found in violation of worker safeguards.

The proposal also dropped a mandate for annual publication of countries eligible for the seasonal visa programs.