H-1B Selection Process is Changed to Prioritize Wages


To kick off the new year within US immigration, the USCIS has announced a final rule that will alter the H-1B Visa cap selection process by amending the current lottery procedures, and prioritize wages to protect the economic interests of US workers while ensuring that most highly skilled foreign workers benefit from the temporary employment program.

What Is An H-1B Visa?

The H-1B Visa is a work permit that allows foreigners to work “specialty occupations” for US employers. Most applicants under the H-1B work visa category are highly educated although it isn’t always necessary. Some H-1B visas can be granted to applicants with little education but with lots of work experience.

Selection Process Final Rule

The USCIS announced:

“The current H-1B random selection process makes it difficult for businesses to plan their hiring fails to leverage the program to compete for the best and brightest international workforce and has predominately resulted in the annual influx of foreign labor placed in low-wage positions at the expense of US workers.”

This new change to the H-1B cap selection process will incentivize employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive.

This modification will only affect H-1B registrations submitted by applicants seeking to file H-1B cap-subject petitions for both the H-1B regular cap and the H-1B advanced degree exemption. The only thing this doesn’t change is the order of selection between the two as established by the H-1B registration final rule.

This final rule will be effective 60 days after its publication in the Federal Register which was Friday 8th, 2021.

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