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USCIS Plans To Revise Definition Of Specialty Occupation, Employment, Employer-Employee Relationship, Among Other Actions (Video)

On April 4, 2018, L. Francis Cissna, Director of U.S.

Citizenship and Immigration Services (USCIS), sent a letter to Sen.

Charles Grassley (R-Iowa), Chairman of the Senate Committee on the

Judiciary discussing the agency’s review of existing

regulations, policies, and programs and its development of “a

combination of rulemaking, policy memoranda, and operational

changes to implement the ‘Buy American and Hire American’

Executive Order.” Mr. Cissna said that, among other things,

USCIS plans to propose regulations to revise the definition of

specialty occupation “to increase focus on obtaining the best

and the brightest foreign nationals via the H-1B program,” and

to revise the definitions of employment and employer-employee

relationship “to better protect U.S. workers and wages.”

In addition, he said DHS will propose “additional requirements

designed to ensure employers pay appropriate wages to H-1B visa

holders.” The letter does not specify how these definitions

will be revised or when the proposed regulations will be


The letter also confirms USCIS’ plans to propose regulatory

changes to remove H-4 dependent spouses from the class of aliens

eligible for employment authorization.

Mr. Cissna confirmed that USCIS is also drafting a proposed rule

to remove the International Entrepreneur Rule, noting that the rule

is currently in effect. He said USCIS has not approved “any

parole requests under the International Entrepreneur Rule at this


The USCIS letter is at https://www.judiciary.senate.gov/imo/media/doc/2018-04-04%20USCIS%20to%20CEG%20-%20Buy%20America,%20Hire%20America%20update.pdf.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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