Only the highest paid will be selected: An expert decodes Trump’s parting shot at H-1B

[Gaali_Gottam_Govinda]

 

The Trump administration has just published a final rule (or regulation) that will select H-1B candidates this year based upon the wage level in which they are placed. The wage levels are derived from the US Department of Labor data, which qualifies employees based upon a combination of the education and experience required for their job: Level 1 (entry level); Level 2 (qualified); Level 3 (experienced); Level 4 (fully competent). This rule will cause serious impediments for the US businesses if ..
 

What H-1B Stakeholders Must Know

• This rule will change the selection process for H-1B this year.
• The anticipated effect of the rule is that all Level 3 and Level 4 petitions, approximately 75% of Level 2 petitions, and none of the Level 1 petitions are likely to be selected for H-1B this year.
• This rule can be stopped by Congress and can be both delayed and stopped by Mr. Biden.
• This rule is likely to be challenged and reversed in court.
• H-1B filers should stay flexible in their preparation for H-1B filings. Things could change rapidly, but you should still have a few days to prepare. This rule could be frozen as early as January 20.
• This rule applies only to H-1B quota cases. It does not apply to H-1B amendments, extensions, or transfer

 

According to the amended rules, H-1B cap visas would be allocated to those earning the highest salaries in their respective field of occupation and geographic areas of employment. The visas would be first awarded to individuals sponsored by US companies in Level 4, which is the highest of the four wage categories and covers very experienced workers.

 

Followed by those at Level 3 and so on until the annual quota of 85,000 has been met. Until now, the selection of H-1B work visas was done by a randomised lottery system, which did not consider wage, experience, or any factors for selection.

 

Indians constitute the largest number of beneficiaries of H-1B visas in the US. The new rule could make hiring international workers more challenging and would significantly impact Indians aspiring to work in the country. 

 

The government of India said that it was engaged in talks with the US for increased predictability in the visa regime, and to minimise inconvenience to Indian nationals in the US.  

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