Until recently, the only requirement for an H-1 job description (and evaluation of the education and work experience for a particular job) was simply that the position requires at least a bachelor’s degree. No discussion of additional education requirements, work experience, or skill sets for the position were required.
This placed the H-1 process in stark contrast with the regular process for determining the education and work experience/skill sets required for a labor certification (the first step of most EB-2 and EB-3 cases). In very simple terms, an H-1 job description often simply stated “at least a bachelor’s degree in X” was required for the position. However, a labor certification job description would normally state the education requirement more specifically (not “at least…”, but the actual degree requirement) AND the work experience and skills sets required (such as a statement of the degree requirement plus “X years in…specific work areas plus any special skills such as software, regulations, or any other job requirements).
Now, we have seen CIS change their policy (and to some extent their regulations) to require the same level of specificity for H-1s as they have always required for labor certification cases. This change most immediately leads to a much more complex evaluation of the education and work experience requirements for H-1 cases than was previously necessary. This means there is much more work for H-1 cases than we have had to do previously, at the earliest stages of the case. And with more work comes greater expense.
Finally, the true importance of this change is the fact that it forces employers and their attorneys to address complex issues regarding education and experience, which could previously be deferred until (or if) a green card case was started. Now, this evaluation must take place with the H-1 case, since we cannot contradict the H-1B job requirements in a later labor certification case by using a less-than-thorough evaluation for the H-1 case.
