Although the previous administration’s many attempts to dismantle the H-1B VISA program were successfully defended against, employers and professionals alike are still recovering from the damage inflicted over those years. In fact, USCIS is still making changes to ensure that its staff and the public understand USCIS policies and practices as they stand today.
A recent clarification by USCIS on its website may not come as a surprise for H-1B employers and employees, but it should be extremely welcomed, nonetheless. The Code of Federal Regulations 8 CFR §214.2(h)(4)(iii)(A)1 lists the standards for specialty occupation positions, with one option defining the position as requiring that “a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position.” USCIS has clarified on its website the definition of “normally”, specifying that it is not interpreted to mean “always”.
One might think it unnecessary to provide a distinction between these two terms. However, after its interpretation and weaponization by the previous administration as one of many ways they successfully denied H-1B petitions, USCIS rightfully sees the present need to clarify the term for its Officers when adjudicating cases. Although this accurate definition has been in practice for some time, it still provides H-1B employers and their employees peace of mind knowing they can refer to the readily available “plain language, dictionary definitions,” as certain Officers may need reminding.
