DHS Issues New Rule Redefining H-1B Criteria

On Tuesday, October 6, the Department of Homeland Security (DHS), which oversees US Immigration processing, issued a long-awaited regulation to update the criteria for the H-1B program. The rule narrows the government’s definition of “specialty occupation” and limits third-party placement H-1B validity period to just one year (decreased from three years). It also requires additional contract and itinerary evidence requirements from petitioners regarding their relationship with a third party, if the foreign national is to be place at a client site. The rule will be published on October 8 and take effect 60 days later. It applies only to petitions filed on or after the effective date. The rule is expected to be challenged in court. Any updates on the challenge will be posted.