QUESTION

H-1B rules announced by the DHS include changes related to the degree requirements for eligibility.

Asked on Dec 21st, 2024 on Immigration - Massachusetts
More details to this question:
The new H-1B rules announced by the DHS include changes related to the degree requirements for eligibility. The new rules emphasize that the beneficiary’s degree must be directly related to the specialty occupation. I have a degree in Mechanical Engineering and been working in the US on H1B for 9 years in Software Development. In the previous H1b petition it was determined as equivalent to Bachelors in Computer Information Systems and Engineering or another related technical field plus relevant industry experience as i have more than 12 years of experience. I have Bachelor of Technology degree in Mechanical Engineering, with evaluation of foreign education credentials that confirms that it is equivalent of a Bachelor's degree in Computer Information Systems and Engineering from an accredited U.S. institution. So can I still apply for H1B extension this year, using similar documentation.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The H-1B modernization regulation that was just passed should not have any effect upon the way that USCIS looks at your qualifications. The language favors a less restrictive interpretation in that it switches from requiring a degree “in the specific specialty” to a degree “in a directly related specific specialty” and the definition of “directly related” is “a logical connection between the required degree, or its equivalent, and the duties of the position.” USCIS will not focus on degree titles, liberal arts, etc., and consider whether the “actual course of study is directly related to the duties of the position”. Your degree in mechanical engineering combined with years of experience which were determined to be the equivalent of a bachelors in computer information systems and engineering should in my opinion still enable you to obtain a H-1B extension barring no further issues in your case. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 28th, 2024 at 7:58 AM

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