President Donald Trump could limit H-1B skilled guestworker visas by taking a page out of the Obama administration’s playbook: scrutinizing petitions to make sure the job really is a “specialty occupation.”
U.S. Citizenship and Immigration Services has a history of issuing requests for evidence in response to certain H-1B petitions, attorney Sandra Feist of Grell Feist in Minneapolis told Bloomberg BNA June 21. RFEs seek additional information from the employer to justify the visa beyond what’s included in the original petition.
The H-1B regulations say employers can prove a job is a specialty occupation in one of four ways: