To obtain a work visa to the United States, you will need a diploma in the specialty specified in the vacancy: draft new rule from the State Department

On October 23, the US Department of Homeland Security (DHS) released draft changes to the H-1B (skilled worker visa) visa program. Some argue that if the innovations are approved, they will harm immigrants, while others even saw in these innovations the ideas of the era of Donald Trump’s presidency, writes Economic Times.

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The H-1B nonimmigrant visa program allows U.S. employers to temporarily hire foreign applicants to work in positions that require a bachelor's degree or higher. Previously, to apply for a visa, it was enough for the employer to want to hire a foreigner and for this foreigner to have a higher education and work experience. They didn’t really look at the specialty indicated on the diploma. But now they will.

If the new rule goes into effect, an H-1B visa applicant will be required to have a graduate degree that is “directly related” to the position in which he or she intends to work in the United States. Biden's draft rule states that to qualify for an H-1B visa, a professional must have a "bachelor's degree or higher degree in a directly related specialty or its equivalent."

The proposed changes would likely lead to a narrower pool of applicants eligible for an H-1B visa because many are now working in fields other than their education.

According to the National Foundation for American Policy, more than half (51%) of U.S.-born workers and 18% of work visa holders working in computer jobs have a degree other than computer science or electrical engineering. Almost half (48%) of American chemists and 15% of temporary visa holders have a background other than chemistry.

Another potential concern is that the new rule will cause delays in the processing of H-1B work visas. US Citizenship and Immigration Services (USCIS) will have to submit requests for evidence to ensure that a potential employee's education is directly related to the position being offered. Submitting these requests, waiting for responses, and reconciling data adds additional time to the H-1B visa petition process.

On the subject: Work visa holders will be able to extend them without leaving the United States

The proposed rule is contrary to current USCIS practice—previously, the visa applicant's work experience and other evidence of qualifications were taken into account. The specialty in the diploma was not only not key - it played one of the last roles.

The new wording of the rule may change everything, and refusals will be received by qualified personnel whose diploma simply does not contain enough specifics. For example, many finance professionals have a business degree without specifying a major. They may have taken a lot of finance courses, but their diploma doesn't show it. If the innovation is interpreted too literally, then such specialists will not receive an H-1B visa.

Most likely, the authors of the innovation themselves are trying to protect themselves from a literal reading. In the same draft, DHS proposes to revise the definition and criteria of a “specialized occupation” (the H-1B visa is issued only for such). For example, it is proposed to clarify that education should be relevant to the position “usually” and not “always”. They also propose to stipulate that some positions may require several different degrees, but there must be a direct connection between the field(s) of education and the responsibilities of the position.

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However, it is too early to talk about how everything will work out in practice. The proposed rule is currently open to a 60-day comment period. You can view the proposal and leave your comment at link. Then it will be finalized and the final version will be released. Until then, there is no need to be afraid.

But what may surprise you is that some sections of the proposed rule by the Joe Biden administration are verbatim copies of Trump’s attempts to limit the H-1B program. But before we compare, let's wait for the final version.

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