The DHS rule, which is expected to go into effect in approximately 60 days, makes changes to the definition “specialty occupation.” Under the proposed new definition, an applicant must have a college degree in the specific field in which he or she is looking to work. For example, a software developer wouldn’t be awarded an H-1B visa if that person has a degree in electrical engineering. The only stated exception to this rule is for fashion models, who are not required to have college degrees. The proposed DHS rule is available here. This proposed rule will be open to public comment.
If you have employees working under an H-1B visa, you are encouraged to work with your human resources department and legal counsel to ensure compliance with the new wage requirements.