New H-1B Rule Requires Applicants to Show Clear Connection Between Degree and Job

The H-1B visa program has long been a critical pathway for skilled foreign workers to obtain employment in the U.S. However, significant clarifications regarding degree requirements were recently implemented, impacting how eligibility is determined. As we approach the FY 2026 H-1B cap registration in March, applicants and employers should understand these changes and prepare accordingly.

New Degree Requirements for H-1B Eligibility

In the final weeks of the Biden administration, USCIS issued a rule tightening degree requirements for H-1B petitions. Under this policy, a worker’s degree must be directly related to the job for which they are applying. This is a shift from previous interpretations, where a broader range of degrees could sometimes qualify an applicant for an H-1B role.

What This Means for H-1B Applicants and Employers

✔️ A General Degree May No Longer Qualify – If an applicant holds a degree that is not explicitly connected to the job’s responsibilities, their H-1B petition may face challenges. For example, a worker with a business administration degree applying for a software engineering position may not meet the new standard unless they can prove a strong academic foundation in relevant technical coursework.

✔️ Demonstrating Degree-Job Alignment is Essential – Employers and applicants must now clearly show that the degree obtained aligns with the skills required for the position. This could involve providing detailed job descriptions, course transcripts, or expert opinions to establish the necessary connection.

✔️ Stronger Focus on Academic Relevance – USCIS aims to ensure that H-1B roles are filled by workers with the appropriate academic qualifications. This means that degrees in unrelated or only loosely connected fields may no longer be sufficient unless supplemented by additional certifications, experience, or coursework.

Preparing for the FY 2026 H-1B Cap Registration

The upcoming H-1B cap registration period is expected to open in March 2025. Given these new degree requirements, applicants and employers should take proactive steps to strengthen their petitions:

• Review job descriptions carefully to ensure they match the degree requirements for the position.
• Assess degree qualifications before filing, confirming that the academic background directly supports the job duties.
• Obtain expert evaluations if needed, especially for degrees obtained outside the U.S. or for cases where the connection between education and job responsibilities may not be immediately obvious.
• Consider alternative visa options if the new requirements pose a challenge. For instance, the O-1 visa for individuals with extraordinary ability may be an option for highly skilled professionals.

Uncertainty Under a Potential Trump Administration

One key aspect of this policy shift is its timing—it was implemented in the closing weeks of the Biden administration. With the upcoming presidential election, there is uncertainty about whether a potential Trump administration would alter or maintain this rule. The previous Trump administration was known for implementing stricter immigration policies, so it remains to be seen how H-1B eligibility requirements may be further modified.

How These Changes Impact Your H-1B Case

If you are considering filing for an H-1B visa in the upcoming fiscal year, it’s crucial to assess whether your degree aligns with your job’s requirements. The new USCIS policy adds a layer of scrutiny, making it more important than ever to prepare a well-documented petition.

If you’re unsure how these changes affect your case, reach out for guidance. Our team can help you evaluate your eligibility, strengthen your petition, and explore alternative immigration options if needed.