H-1B Modernization Program Rollout Delayed by US Agencies: Redefining Specialty Occupation Postponed

US Agencies Defer Rollout of H-1B Modernization Program Amid Industry Concerns

Washington, D.C. - The U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS) have jointly announced the deferral of the implementation of the H-1B Modernization Act of 2021, which was originally scheduled to take effect on December 19, 2023.

The H-1B Modernization Act, signed into law in November 2021, aims to update the definition of "specialty occupation" for H-1B visas, the most common visa type for highly skilled foreign workers in the United States. The new definition was intended to prioritize highly skilled workers in critical fields such as science, technology, engineering, and mathematics (STEM).

However, industry groups and stakeholders have raised concerns about the proposed changes, arguing that they could result in a significant reduction in the availability of H-1B visas for qualified professionals. The American Immigration Lawyers Association (AILA), for example, has expressed concern that the new definition could exclude workers with non-traditional degrees or experience in their field.

In response to these concerns, the DOL and USCIS have decided to defer the implementation of the modernization program until further notice. The agencies stated that they need additional time to review and address the feedback received from the public.

"We understand the importance of the H-1B program to businesses and foreign nationals," said DOL Secretary Martin Walsh. "We want to ensure that any changes to the program are done carefully and in a way that benefits both the U.S. economy and foreign workers."

"We appreciate the feedback we have received from the public and will take it into consideration as we move forward," added USCIS Director Ur M. Jaddou. "We are committed to providing a fair and transparent process for all stakeholders."

The deferral of the H-1B Modernization Act comes amid a broader debate over the future of the H-1B program. Some members of Congress have proposed legislation to increase the number of H-1B visas available, while others have called for stricter restrictions on the program.

It is unclear when the DOL and USCIS will make a decision on the implementation of the H-1B Modernization Act. The agencies have indicated that they will provide updates to the public as they become available.

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