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

Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.

Awards
Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Media mentions
Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Media mentions
Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Media mentions
Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Media mentions
Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Blog post
Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Media mentions
Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Media mentions
Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Fragomen news
Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Media mentions
Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

Awards
Fragomen has been recognized in the 2026 edition of The Best Law Firms™ in Germany, earning a Regional Tier 1 ranking in Hessen for Labor and Employment Law.

Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.

Awards
Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Media mentions
Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Media mentions
Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Media mentions
Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Media mentions
Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Blog post
Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Media mentions
Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Media mentions
Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Fragomen news
Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Media mentions
Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

Awards
Fragomen has been recognized in the 2026 edition of The Best Law Firms™ in Germany, earning a Regional Tier 1 ranking in Hessen for Labor and Employment Law.