As per the reports, Donald Trump’s administration furthered his protectionist agenda by replacing the current randomized lottery system for selection with a newer system that will prioritize wages. These final rules ensure that the H-1B regime will give priority to higher wages and skills in issuing visas, as announced by the US department of labor (DOL).
In addition to that, they have also increased the mandated wages for those working in the US on H-1B visas or holding employment-based green cards.
The move is designed to protect American workers from cheaper, foreign labor.
Although, it has the potential to affect the Indian H-1B visa holders and aspirants, such as students as they are amongst the biggest beneficiaries of the visa.
New Wage-Based H-1B Work Visa Regime :-
Under these new wage rules, priority in the selection of visas will be given to applications of those employers where the “proffered wage equals or exceeds” the prevailing level in that area of employment.
Here, the referred wage is the amount that the employer intends to pay the beneficiary.
This rule will be applicable to the 65,000 regular visas and the 20,000 advanced degree exemption visas.
How Does It Work?
Usually, the US department of labor uses ‘occupational employment statistics’ (OES) data to determine prevailing wages, or average wage paid to employees in a particular occupation and area, in a wide variety of occupations….Read More>>