Times of India: H1-B Modernisation Rules for Entrepreneurs and Defining Eligible Occupations
December 18, 2024

Country / Territory
Related contacts

Related offices
Related contacts

Related offices
Related contacts

Related offices
The Biden administration has finalised new rules to modernise the H-1B visa program, introducing significant updates. Partner Mitch Wexler shared with Times of India how these changes include expanded eligibility for entrepreneurs, greater flexibility in defining specialty occupations and strengthened program integrity measures.
Notably, the rule allows entrepreneurs to sponsor themselves for H-1B visas under their own companies, provided they meet specific criteria. He explained how the rule establishes “guard rails” for entrepreneur-sponsored visas by limiting initial approvals to 18 months and requiring them to perform specialty occupation duties a majority of the time.
In another article with Times of India discussing the new rules modernising the H-1B visa program, Mitch also highlighted the updated definition of “specialty occupation,” which introduces a “logical connection” standard between degree requirements and job duties, potentially reducing Requests for Evidence and simplifying application processes. The rule shifts focus from proving an employer-employee relationship to establishing a bona fide job offer. By codifying policies like the USCIS’s deference policy, the new rule aims to ensure consistency in H-1B visa extensions when underlying facts remain unchanged.
Mitch was quoted on this topic in the following Times of India articles, “H-1B Modernisation Rule: Flexibility in Defining Eligible Occupations but Stricter Site-Visit Norms” and “H-1B Modernisation Rule: Entrepreneurs Can Get H-1B Visa Sponsored by Their Own Company.”
Country / Territory
Related contacts

Related offices
Related contacts

Related offices
Related contacts

Related offices
Explore more at Fragomen

Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Media mentions
Partner Rick Lamanna emphasises the need for long-term planning and consistent leadership to restore confidence in Canada’s immigration system.

Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.

Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.

Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.

Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.

Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.

Blog post
Regional Immigration Manager David Makau provides essential information about the launch of Bahrain's new Golden Visa portal, highlighting key details for applicants.

Video
Partner Diana Quintas shares everything you need to know about Brazil’s Digital Nomad Visa – a great option for remote workers looking to live and work in Brazil.

Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Media mentions
Partner Rick Lamanna emphasises the need for long-term planning and consistent leadership to restore confidence in Canada’s immigration system.

Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.

Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.

Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.

Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.

Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.

Blog post
Regional Immigration Manager David Makau provides essential information about the launch of Bahrain's new Golden Visa portal, highlighting key details for applicants.

Video
Partner Diana Quintas shares everything you need to know about Brazil’s Digital Nomad Visa – a great option for remote workers looking to live and work in Brazil.