On December 18, 2024, the Biden Administration announced several changes to the H-1b program that may impact companies’ sponsorship practices from here on in. H-1b visas are utilized by many large and small companies to hire foreign workers in professional categories including software development, data science, architecture, medicine, scientific research, engineering, etc.
One of the ongoing issues in the H-1b universe is how close a nexus there must be between a worker’s field of concentration and the proposed job offer. For example, USCIS sometimes will deny an H-1b petition on the ground that a company has not shown the job is in a “specialty occupation” – as required – because the employee’s degree title did not match the duties of the job – a problem given the diversity of concentration fields that can adequately prepare someone to perform a particular occupation in the real world. In response to pushback, the resultant rule does not require specific degree titles, but requires “a logical connection between the degree or its equivalent, and the duties of the position.” See https://www.uscis.gov/newsroom/stakeholder-messages/dhs-announces-h-1b-modernization-final-rule-to-improve-program-integrity-and-efficiency.
The rule institutes two other changes intended to help companies hire highly skilled workers to remain competitive globally. It slightly loosens the requirement of research activity within the quota (or “cap”) exemption for certain nonprofits and governmental research organizations, and attempts to facilitate foreign students’ transition from optional practical training (OPT) to H-1b status with fewer gaps in employment authorization.
While the changes are meant to increase efficiency, it remains to be seen whether the Trump administration will attempt to alter these measures, or create additional requirements that make it easier (or harder!) for companies to sponsor qualified foreign workers in the H-1b category to increase their productivity while not affecting negatively the salaries or working conditions of American workers.