H-1B Changes Loom Large

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.

Additional information is on the Whiteman Osterman & Hanna LLP Immigration Practice Group website at https://www.woh-immigrationlaw-ny.com/.

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 immigration@woh.com.

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