Bloomberg News BNAhas published a detailed analysis of several recent H-1B visa developments, includingthe newUSCIS Nurse H-1B Memorandum. Severalattorneys, including MU Law’s ChrisMusillo, were interviewed for the article. Bloomberg has allowed MU Law to publish a copy of the article.
The article discussesincreasing H-1B denial rates in spite of the fact that no new H-1B regulationshave been published by USCIS in years. Onereason for the increasing denial rates have been stricter USCIS interpretationsof “specialty occupation,” based on faulty reliance of the Department of Labor’sOccupational Outlook Handbook.
Chris’ comments highlightthe USCIS over-reliance on the OccupationalOutlook Handbook when adjudicating H-1Bs for Registered Nurses. Chris points out that while most nursingpositions do not require Bachelor Degrees, some do. Since some require a Bachelor’s degree theUSCIS ought to look at an employer’s actual positional requirement instead oflimiting review to the industry standards listed in the Occupational Outlook Handbook.
The Bloomberg articlealso discusses some recent court decisions and USCIS interpretations in light ofthese decisions.
NOTE – the Bloomberg article is reproduced with permission from Daily Labor Report, Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>
NOTE – the Bloomberg article is reproduced with permission from Daily Labor Report, Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>