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Context:
目前有两份文件DOL(劳工部)关于工资要求的(147页),地里讨论的很多了,发布后即可生效,没有公示期
还有一份DHS(国安部)157页的,里面关于强化Special Occupation, 和对job的新要求(必须非specific,不能general),还有对申请的公司也有一定要求
这里我专门截取对于转专业申请CS,EE的 H1B的内容
Contens:. Χ
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关于从事EE工作的,以及学历和工作如何match
The requirement of a direct relationship between a degree in a specific specialty, or its equivalent, and the position should not be misconstrued as necessarily requiring a singular field of study. Section 214(i)(1) of the INA allows the “attainment of a bachelor’s or higher degree in
the specific specialty (or its equivalent)” (emphasis added). The placement of the phrase “or its equivalent” after the phrase “in the specific specialty” means that USCIS may accept the equivalent to a degree in a specific specialty, as long as that equivalent provides the same (or essentially the same) body of specialized knowledge.
of study are closely related, for example, electrical engineering and electronics engineering for the position of an electrical engineer, a minimum of a bachelor’s or higher degree, or its equivalent, in more than one field of study may be recognized as satisfying the “degree in the specific specialty (or its equivalent)” requirement of section 214(i)(1)(B) of the INA, 8 U.S.C. 1184(i)(1)(B). In such a case, the “body of highly specialized knowledge” required by section 214(i)(1)(A) of the INA, 8 U.S.C. 1184(i)(1)(A), essentially would be the same, and each field of study would be in a “specific specialty” directly related to the position consistent with section 214(i)(1)(B) of the INA, 8 U.S.C. 1184(i)(1)(B).
. .и
关于 其他专业 从事CS工作的
If the minimum entry requirement for a position is a general degree without further specialization or an explanation as to what type of degree is required, the “degree in the specific specialty (or its equivalent)” requirement of section 214(i)(1)(B) of the INA, 8 U.S.C. 1184(i)(1)(B), would not be satisfied. For example, a requirement of a general engineering degree for a position of software developer would not satisfy the specific specialty requirement. In such an instance, the petitioner would not satisfactorily demonstrate how a required general engineering degree provides a body of highly specialized knowledge that is directly related to the duties and responsibilities of a software developer position.55
Similarly, a petition with a requirement of an engineering degree in any or all fields of engineering for a position of software developer would not suffice unless the record establishes
how each or every field of study within an engineering degree provides a body of highly
specialized knowledge directly relating to the duties and responsibilities of the software .google и
developer position.56
The issue is whether a proffered position requires the application of a body
of highly specialized knowledge as required by section 214(i)(1)(A) of the INA, 8 U.S.C. 1184(i)(1)(A), and attainment of at least a bachelor’s degree in the specific specialty (or its equivalent) as required by section 214(i)(1)(B) of the INA, 8 U.S.C. 1184(i)(1)(B). If an individual could qualify for a software developer position based on having a seemingly unrelated degree in any engineering field or in general engineering, or its equivalent, then it cannot be concluded that the position requires the application of a body of highly specialized knowledge and a degree in a specific specialty because someone with an entirely or largely unrelated degree may qualify to perform the job.57. Χ
56 The requirement of any engineering degree could include, for example, a chemical engineering degree, marine engineering degree, mining engineering degree, or any other engineering degree in a multitude of unrelated fields.
57 In these examples, the educational credentials are referred to by the title of the degree for expediency. However, USCIS separately evaluates whether the beneficiary’s actual course of study is directly related to the duties of the position, rather than merely the title of the degree. When applicable, USCIS will consider whether the beneficiary has education, specialized training, and/or progressively responsible experience that is equivalent to completion of a U.S. baccalaureate or higher degree in the specialty occupation.
我的理解:
1. Special Occupation 和转专业申请 之前的文件就应该有严格要求(在某sb上台后),我有个同事环境工程专业 在FLG从事码农 h1b extension就被拒了),但是我还没有翻阅之前的版本,所以没有做比较 ..
2. 新版对于转专业申请要求很严格,但是没有完全堵死,如果上了很多cs的课,加上有training,和工作的 experience 可以被dhs综合考虑
3. 这个有60天公示期,公示期间大家一定要奋力写comment (特别是转专业,或者工作要求比较general的),让这个文件不能顺利通过,最好大选后自动胎死腹中
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