“The term speciality occupation is defined in the Immigration and Nationality Act, so a definition change cannot be brought about by mere agency regulation,” Rajiv S. Khanna, managing attorney at Immigration.com told TOI.
“Unfortunately, the definitions of employment and employer-employee relationship are not provided in the statute. That definition can be tinkered with. But to what degree it can be redefined remains to be seen,” he adds.
“The US government does have more latitude in trying to force the H-1B employers to pay higher level wages, but regulations cannot be revised without rational foundations and consideration,” sums up Khanna.
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