Times of India: H1-B Modernisation Rules for Entrepreneurs and Defining Eligible Occupations

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.”