New Rules Set To Tighten H-1B Visa Program, Increase Prevailing Wages
- Revising the definition of and standards for a “specialty occupation” – The new rule clarifies that there must be a...
- Adding definitions for “worksite” and “third-party worksite” – “Worksite” is defined as the physical location where the...
- Clarifying “third-party worksite” engagements – The new rule...
Full Answer
What are the new H1B rules?
- This rule is likely to be “stayed” by the Biden administration, Congress, or the courts
- The rule will increase required wages for H-1B, H-1B1, E-3 and Green Card applications filed through employment
- The increase in wages will not affect the H-1B lottery this year (March 2021) if the LCA process is completed before July 1, 2021
What are the requirements for H1B visa?
H-1B Visa Requirements. H-1B visa applications require a petitioner (the employer) and beneficiary (employee). The beneficiary must meet a minimum of one of the following requirements: Have completed a bachelor's degree (or higher) in the same field as their specialty occupation from an accredited university.
What are the rules on H1B extensions or renewals?
What are the rules on H1B extensions or renewals? An H1B visa is generally good for three years. The visa may be extended for an additional three years. To obtain an extension, the employer must file a new Form I-129 and submit additional filing fees. The cap-subject employer need not worry about the H1B cap for a renewal because the employee ...
How much does it cost an employer to sponsor H1B?
To file an H1B petition using the I-129 form, the cost to the employer is $460. It is the employer’s responsibility to pay the filing fee. ACWIA stands for American Competitiveness and Workforce Improvement Act of 1998. The ACWIA fee varies depending on the size of the sponsoring company.
What are the new H-1B visa rules?
Employers seeking to file H-1B cap-subject petitions for the fiscal year 2022-2023 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee. Each employer can only submit one entry per H-1B employee.
What is the latest news on H-1B visa?
H-1B Visa Cap for 2022 Has Been Reached, USCIS Confirms The United States has received enough petitions required in order to reach the congressionally mandated 65,000 H-1B visa cap and the 20,000 H-1B visa for US advanced degree exemption known as master's cap for the fiscal year 2022.
What is the minimum salary to get H-1B visa?
$60,000For the $60,000 wage to be determined, the nonimmigrant has to receive an annual salary or hourly wages that in total make at least $60,000, whether the worker has a full-time or part-time job. At the same time, the salary has to be paid “cash in hand” and “free and clear”, as well as paid when due.
Is H-1B suspended for 2022?
The United States President signed an executive order banning temporary work visas and green cards for all foreigners, till 2020-end.
Can H1B visa holder buy house in USA?
Can an H1B Visa holder buy a house in the USA? Yes, H1B visa holders can buy a house in the US without any restriction. All US non-citizens, either US residents or non-residents, can purchase and own a home or property in the US.
Does H-1B depend on salary?
One of the key things that are important for H1B Visa approval and compliance is to have proper wages paid to the H1B worker. The minimum wage or salary for H1B workers is defined and set by the concept of 'Wage Levels'. The wage levels for a job depend on some factors like experience, area, SOC Code, and location.
How difficult is H1B visa?
H1B visa requirements can be difficult to meet because you must first be hired by a U.S. employer who is willing to sponsor you. Competition for jobs in the United States is fierce, and demand for visas to enter the US grows daily. Furthermore, there is a limit on the number of H1B visas granted each year.
How long H1B visa takes?
3 months to 1 yearHow long does H1B regular processing take? H1B regular application processing time is 3 months to 1 year for approvals. It keeps changing based on current affairs and circumstances. During COVID-19 closures, USCIS did approve many regular H1B applications within 2 weeks.
What If I Have a Pending H-1B Petition?
The wage level increase is the only rule that became effective immediately. Depending on your specific situation, you may be affected by this rule even if you have a pending petition. We have noted below who is and isn’t affected.
What is the first step in immigration matters where laws can change from one day to the next?
Check back here regularly for updates and any new rules. Staying informed is the first step in immigration matters where laws can change from one day to the next.
What to Do After Filing H-1B Petition?
If your registration is selected in the lottery, then your employer will need to file a petition, which will move on to the adjudication stage, meaning that it will be processed. An evaluating immigration officer will decide if your H-1B case is approved or denied/rejected. If it is approved, then you will have one of two options:
When does USCIS registration open for 2021?
At 12 p.m. EST on March 9. 2021, registration opens, and USCIS account holders can submit their registrations along with the non-refundable $10 registration fee.
How long can I stay in the US on an I-140?
This visa is granted for up to three years with the option to extend it to a maximum of six years. There are select cases in which you may be granted a stay longer than six years. This is usually in conjunction with a pending I-140 petition so that you can maintain your status.
When will the USCIS open for 2021?
The registration window will open on March 9, 2021, and end on March 25, 2021. Petitions will still be used, but only once a beneficiary has been selected in the lottery to make things more efficient.
How much does an employer have to pay to enter the lottery?
Employers only need to file the registration fee of $10 to enter the lottery. However, if an alien’s registration is chosen, his or her employer will be responsible for the following fees:
What is a cap exempt petition?
A cap-exempt petition is one that was previously counted against the cap.
Can I file an I-129 with incorrect start date?
Sometimes, during the filing process, applicants will choose the incorrect start date on the I-129. Check with your attorney to ensure that all dates, wages, and important details are accurate to avoid having your petition denied.
What is an H-1B visa?
The US H-1B visa is a non-immigrant visa that allows US companies to employ graduate level workers in specialty occupations that require technical expertise in specialized fields.
What are the H-1B wage levels?
The H-1B wage level - or commonly known as the prevailing wage - is the average wage earned by employees in a specific area.
What is the minimum salary requirements for the visa?
The Department of Labors revised wage-scale will dramatically increase the required wages employers must pay their workers on H-1B visas.
Why is the work of American citizens a priority of the administration?
The work of American citizens remains a priority of the administration due to the financial and economic impact of the coronavirus pandemic.
When will the Trump administration tighten immigration rules?
On Tuesday, October 6, 2020, the Trump administration unveiled a tightening of rules for immigration visas used widely by technology firms.
Do you have to know the H-1B wage level?
Applicants are required to know the level of the job they are searching for since the H-1B wage level determines the prevailing wage.
Overview
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
Key News
On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.
How long do H1B visa holders have to leave the US?
A new rule eases this burden, and effective January 17, 2017 the USCIS will grant terminated H1B workers a 60-day grace period to make plans to leave, or seek a new position.
How long is the grace period for H1B?
A new rule eases this burden, and effective January 17, 2017 the USCIS will grant terminated H1B workers a 60-day grace period to make plans to leave, or seek a new position.
What happens if you get fired from H1B?
If an H1B visa holder is fired for any reason, they are technically required to return to their home country, unless they already have another job lined up and can transfer their H1B. Otherwise, they could be out of status and in violation of immigration laws.
Is the H1B visa program changing?
While non-immigrant job seekers in the US await changes to the H1B visa program in a Trump administration, the USCIS has quietly changed a few rules making life easier for current H1B visa holders. This is a silver lining on the dark cloud looming over the H1B program, but will benefit those already working in the US and lessen the potential for being out of status unintentionally.
Can a spouse work on an H4 visa?
However, the Employment Authorization Document (EAD) for the H4 spousal visa could not be issued during the approval period for extensions of the both the H4 and H1B visas. What this meant is the spouse could not legally work while awaiting approval of the extension, which could take months.
Can I work in the US on an H1B visa?
Some H1B visa holders that wish to work in the US long term will submit Form I-140 petitions for an immigrant work visa, and several restrictions have been eased for those applicants. Previously, petitions would be invalidated if a worker changed jobs, was promoted or even jobs with the same employer. Now, the rule changes allow for more portability of jobs for those who wish to apply for an immigrant work visa. This should be of interest to both current and prospective H1B visa holders, because if the non-immigrant visa route is restricted in a Trump administration, then seeking an immigrant work visa may be a good strategy. We will discuss what this process might look like in a future article.
Which Categories of Employees Are Likely to Be Affected?
- The proposal by the DHS to strengthen this visa program will make it extremely difficult for companies to hire employees under H-1B Visa. This is likely to have a huge effect on the IT sector in India and technology professionals. Though most of us tend to think that the new rules on H-1…
New H-1B Visa Rules – Response to The Announcement
- The move is likely to face scrutiny from the courts. Interestingly, these Interim Final Rules have been announced without any right to comment or notice period. That said, there are two recent court rulings that should be kept in mind. 1. A US Court recently overthrew the President’s June Proclamation to bar the entry of people with non-immigrant work permits such as the H1B and L…
Impact of The New New H-1B Visa Rules on Indians
- Over the last few years, Indians have received over 70% of the H1B visas issued. Keeping the new regulations in mind, one-third of the H1B visas issued in the last few years may have been denied. Indian staffing companies as well as American companies that place Indians at third-party locations may find themselves unable to do so with the new regulations. Though the rules were …
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