“The proposed rule seems to latch onto old, outdated notions of a business degree being too generalized to qualify for H-1B classification,” said Mehta. “The preamble to the rule also states that ‘a petition with a requirement of any engineering degree in any field of engineering for a position of software developer would generally not satisfy the statutory requirement’ as the petitioner may not be able to demonstrate how the different fields of engineering would qualify the H-1B worker to perform the duties of a software developer.”
“The proposed rule seems to latch onto old, outdated notions of a business degree being too generalized to qualify for H-1B classification,” said Mehta. “The preamble to the rule also states that ‘a petition with a requirement of any engineering degree in any field of engineering for a position of software developer would generally not satisfy the statutory requirement’ as the petitioner may not be able to demonstrate how the different fields of engineering would qualify the H-1B worker to perform the duties of a software developer.”
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