Change at the intersection of immigration and politics continues unabated, with additional restrictions on their way if President Trump prevails on proposed regulations and his bid for a second term. Last month and this, the Administration’s focus is on the H-1B nonimmigrant category in particular, to devastating effect:
Under a proposed rule published today, November 2nd, the level playing field established by random selection of cap-subject H-1B petitions will be a thing of the past. Instead, selection will be prioritized by wage, with a preference for the highest wage for the occupational classification (i.e., the Level IV wage). Written comments must be submitted on or before December 2, 2020.
Prevailing wages have been drastically increased under an October 8 interim final rule that went into effect that same day. Many job classifications have seen wages increase by 50% in Levels I – IV, and in some cases by even higher percentages.
Changes in who qualifies as an H-1B employer or beneficiary, how long a third-party work assignment can last, and proof that there is actual work in the H-1B position, will take effective December 7 under a separate interim final rule published on October 8th.
While lawsuits are pending, no injunctions have been issued as of this writing.
If you have concerns regarding your workforce or specific employee circumstances, please contact our experienced immigration team. Please call us at 518-487-7600 or email us at email@example.com.
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