Bona Fide Job Offers for Specialty Occupation Positions

The Department of Homeland Security (DHS) has proposed significant changes to the H–1B visa regulations, explicitly targeting the authenticity of job offers for specialty occupations. The proposed amendments to 8 CFR 214.2 aim to tighten the criteria for a bona fide job offer, ensuring that positions are genuine, specialized, and meet the educational requirements necessary for the beneficiary. This post explores these changes, focusing on contracts, non-speculative employment, and the relationship between the Labor Condition Application (LCA) and the H–1B petition.