Department of Education’s Professional Degree Guidance Will Exclude Nursing and Architecture: What Foreign Nationals Need to Know to Strengthen Their H-1B Case

The Department of Education’s recent decision to narrow the list of degrees it considers “professional” has generated widespread concern across higher-education institutions, professional associations, and industries already facing nationwide workforce shortages. With programs like nursing, architecture, physical therapy, accounting, and education notably excluded, the new classification system is expected to influence not only federal financial aid but also broader regulatory and immigration frameworks that rely on professional standards.

The News Release and the Proposed Rule Changes

The Department, as part of the implementation of President Trump’s One Big Beautiful Bill, released a revised framework identifying which academic programs qualify as “professional degrees.” This designation now carries significant weight because it determines the level of federal financial support students may receive under the newly proposed Repayment Assistance Plan (RAP). RAP replaces longstanding programs and restricts annual borrowing limits to $20,500 for graduate students and $50,000 for students enrolled in programs classified as “professional.”

The Department’s updated list excludes several fields that, in practice and under most regulatory and workforce-development standards, are widely treated as professional. Nursing, physician assistants, physical therapy, audiology, architecture, accounting, education, and social work are among the programs the Department no longer recognizes as “professional.” Additional fields reportedly excluded include engineering, counseling, speech pathology, and certain business master’s programs.

In this context, the Department’s reclassification is more than a financial aid policy shift. It represents a foundational reframing of what the federal government now considers a “professional degree.” And for many students, universities, and employers, the consequences may reverberate far beyond the federal student loan system.

H-1B Specialty Occupation Requirements and Relevant Legal Guidance

USCIS has a long history of scrutinizing whether a job truly requires a bachelor’s degree in a specific, related field, which is a key part of the H-1B “specialty occupation” test. 

A major example is the March 31, 2017, USCIS policy memorandum (PM-602-0142), which rescinded older guidance that had treated many computer-related occupations as specialty occupations by default. In that memo, USCIS emphasized that because some programmer roles could be filled by individuals with only an associate’s degree, employers could no longer rely solely on the Occupational Outlook Handbook to prove that a position required a specialized bachelor’s degree. 

This shift led to a wave of H-1B RFEs and denials for computer-related roles when employers could not clearly show a degree requirement directly tied to the offered position.

Against that backdrop, the Department of Education’s new reclassification of “professional degrees” — although aimed at student loan eligibility — may have broader consequences. Any federal action that narrows or raises questions about which degrees qualify as “professional” could influence how USCIS evaluates whether certain positions meet the specialty occupation standard. Since H-1B adjudications depend heavily on showing that a role requires a bachelor’s degree in a specific specialty, shifts in how degrees are categorized or defined could ripple into immigration adjudications as well.

The H-1B visa classification applies to individuals employed in a “specialty occupation,” which, is one that requires:

• Theoretical and practical application of a body of highly specialized knowledge, and
• Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as the minimum entry requirement for the occupation.

Federal courts have further clarified how USCIS should evaluate whether a position qualifies as a specialty occupation, consistently referencing the four regulatory criteria for establishing specialty occupation status:

1. A bachelor’s degree or higher in a specific specialty (or its equivalent) is normally the minimum entry requirement for the position.
2. The degree requirement is common to the industry in parallel positions among similar organizations, or the position is uniquely complex and can only be performed by someone holding such a degree.
3. The employer normally requires a degree or equivalent for the position.
4. The duties are so specialized and complex that the knowledge required to perform them is usually associated with at least a bachelor’s degree in a specialized field.

These cases reinforce that general degrees, broad fields of study, or alternative experience alone are typically insufficient without demonstrating a direct nexus between the role’s duties and a specific academic discipline.

Taken together, these decisions underscore the importance of providing robust, occupation-specific evidence in any H-1B petition. Meeting the statutory and regulatory requirements requires more than identifying a general field of study or citing job postings. Petitioners must demonstrate that the role truly requires specialized knowledge grounded in a particular academic discipline, consistent with industry standards, professional norms, and the employer’s established practices.

Practical Recommendations for H-1B Applicants and Employers

Because a position qualifies as a specialty occupation by meeting any one of the four regulatory criteria, not all four, carefully curated evidence can make a decisive difference in initial H-1B filings, amendments, and extensions. Below are practical recommendations to help employers and foreign nationals strengthen their petitions under each criterion.

Demonstrating that a bachelor’s degree in a specific specialty is normally the minimum requirement

This criterion focuses on the occupation itself and whether the field typically requires specialized academic preparation.

Recommendation: Include organizational charts from the sponsoring department that show the educational backgrounds of employees currently performing the same or similar job duties. This should demonstrate that the employer historically hires individuals with, at minimum, a bachelor’s degree in a related specialized field or the equivalent. Strong internal hiring patterns help establish that the position inherently requires degree-level knowledge.

Showing that the degree requirement is common to the industry or that the position is uniquely complex

This criterion examines how similar organizations structure the same role.

Recommendation: Submit industry research identifying comparable companies—based on size, services, and market segment—and include job postings from both the petitioning employer and those comparator organizations. These postings should clearly reflect that similar positions require at least a bachelor’s degree in a specific field. This comparative evidence helps establish that the role is aligned with industry norms or that its duties are complex enough to justify a specialized degree.

Proving that the employer normally requires a degree for the position

This criterion evaluates the employer’s internal hiring history.

Recommendation: Provide past job postings for the same or related roles within the company, ensuring that the language clearly states that a bachelor’s degree in a specialized field is required—not merely preferred or strongly recommended. Many employers unintentionally weaken their cases by using permissive language. Clear, consistent hiring requirements help demonstrate that the degree requirement is an established business practice.

Establishing that the duties are specialized and complex enough to require a degree

This criterion focuses on the actual duties rather than the title.

Recommendation: Create a highly detailed job description that breaks down responsibilities and includes a percentage allocation of time for each duty. The description should be drafted with the level of detail one would use when writing a training manual for an intern, specific, technical, and reflective of advanced knowledge. The more clearly the duties reflect specialized theoretical and practical skills, the stronger the argument that the position requires degree-level expertise.

Confidently hire H-1B workers

Considering the Department of Education’s proposed reclassification of professional degrees and the increasing scrutiny applied in H-1B adjudications, foreign nationals and employers should take a proactive, evidence-driven approach when preparing filings. 

Clear documentation, consistent hiring practices, and detailed explanations of job complexity will continue to be critical to overcoming heightened review standards. For personalized guidance on strengthening an H-1B petition, amendment, or extension, individuals and employers are encouraged to request a consultation with a Manifest attorney to ensure their case is strategically positioned for approval.