Statutes of Liberty · Klasko Immigration Law Partners, LLP

Episode 3: 2018 H-1B Series - Recent Trends

·19 min·1 clip

Bill Stock reveals how immigration officers now feel empowered to challenge routine H-1B cases with unprecedented scrutiny.

This episode examines recent regulatory trends affecting the H-1B visa program for specialty occupation workers. Host Dev Patel, an associate at Classical Immigration Law Partners, is joined by partners Bill Stock, a former AILA president, and Michelle Madera, a corporate business immigration specialist. They analyze changes following the 2017 "Buy American, Hire American" executive order. The discussion centers on a significant increase in Requests for Evidence (RFEs) from USCIS, with the rate reaching nearly 45%. Adjudicators are applying more restrictive interpretations of existing regulations, particularly questioning what constitutes a "specialty occupation." Common RFE themes include the "specialty occupation RFE," which demands proof a job requires a specific bachelor's degree, and the "level one RFE," which challenges if entry-level positions can truly be specialty occupations. USCIS is scrutinizing roles like network engineers, marketing professionals, and financial analysts that faced less scrutiny in prior years. The agency is also questioning beneficiaries' qualifications, requiring a direct nexus between their degree and the job duties, which is challenging for emerging fields like data analytics. Over 60% of H-1B petitions are for computer-related jobs, making them a frequent target for these RFEs. A notable insight is that adjudicators now feel empowered to question wage levels and job classifications, areas traditionally left to the Department of Labor's enforcement. The Administrative Appeals Office has issued favorable decisions stating entry-level jobs like doctor or lawyer can still be specialty occupations. For computer fields, attorneys argue that engineering or other technical degrees can provide comparable skills to a computer science degree. The hosts note that educational programs for hot fields like big data analytics often lag behind industry needs, forcing employers to hire from varied academic backgrounds. USCIS is intensifying scrutiny of recent graduates on Optional Practical Training (OPT) and Curricular Practical Training (CPT), partly due to concerns over program abuse by some schools. The tone is professional and educational, aimed at informing employers and foreign nationals about complex legal procedures. The style is a structured conversation among experienced immigration attorneys, offering practical insights and predictions. This episode is essential for employers sponsoring H-1B workers, HR professionals, and foreign nationals navigating the visa process. Listeners seeking broad immigration policy debates or personal narrative stories might find this technical legal analysis less engaging.

As heard by us

A clear look at how H-1B scrutiny changes the degree-to-job case.

Statutes of Liberty takes this H-1B installment straight at the growing scrutiny around specialty occupation claims. Dev Patel, Bill Stock, and Michelle Madera keep it grounded in the practical stuff: degree-to-job fit, coursework, transcripts, and what happens when one role…

Read the full review in PlayNext →

Why you'd press play

If you file H-1Bs, this shows why degree matching needs tighter proof.

Read the full recommendation in PlayNext →

Listen to the show on

Apple Podcasts Spotify

Play clips from this episode More from Statutes of Liberty