Biden Administration Vacates Trump-era Proposed H-1B Rule

In October of 2020, the Trump administration sought to narrow the definition of “specialty occupation” for the purposes of the H-1B program. Under the proposed rule change, a mere bachelor’s degree was not enough to qualify as proof of specialty but rather a bachelor’s degree in a specific field related to the job.

This rule would have narrowed the number of applicants who would qualify for a H-1B visa. The proposed rule was criticized by immigration experts as deviating too far from the intended purposes of the H-1B program to push an anti-immigration agenda. However, proposed rule was vacated by a federal district court.

On May 18th, 2021, the Department of Homeland Security has officially removed the proposed rule from the Code of Federal Regulations, restoring the language prior to the rule. Specifically, specialty occupation will be “an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor… and which requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States”.

Here at Zhang and Associates, we have successfully represented thousands of non-immigrant and immigrant visas cases. We also understand that during this hectic time, your immigration needs are extremely important. If your needs are neglected, there can be very serious consequences that might disrupt your life. We also understand the importance of keeping up with the latest immigration news and law. If you have any questions or concerns regarding any immigration related issue, our seasoned staff will be happy to help. For a free evaluation on your case or situation, please email us at info@hooyou.com.

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Former U.S. Consular officer and
Visa Officer , Attorney Sechyi Laiu joined Zhang & Associates, P.C. on June 26, 2017

At Zhang & Associates, P.C., Attorney Laiu specializes on Consular Processing cases and business development. Attorney Laiu also focuses on TN visas, E visas, CBP administrative proceedings (monetary confiscation, deferred inspection), and overseas financial compliance.

Prior to joining Zhang & Associates, P.C., Attorney Laiu worked for the U.S. Department of State as a Chinese and Portuguese speaking diplomat. As a consular-coned officer who served in Vancouver (Canada), Shenyang (P.R. China), and Rio de Janeiro (Brazil), Attorney Laiu processed over 30,000 visa cases and worked in every section of Consular Affairs overseas (Fraud Prevention Unit, Immigrant Visas, Non-Immigrant Visas, and American Citizen Services).

He uses his experience and expertise to deliver the highest quality of service to our clients.


Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

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Email: info@hooyou.com
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(05/20/2021)