Donald Trump Moves to Tighten Visa Access for Foreign Workers
3 min read
H-1B Visa Access: The US has presented a new law that will make it harder for organizations to hire workers on an H-1B visa. On 6th Sep 2020, the Department of Labor issued another rule to increase the current wage levels for H-1B workers. Raising them significantly from existing levels. There are four pay levels which is the minimum amount the employee should be paid depending upon his skill and experience levels.
The rule changes the overall wage levels 1-4 from the 17, 34, 50, and 67th percentiles to 45, 62, 78, and 95 percentile of surveyed pays from BLS for H-1B, H-1B1, E-3, and I-140s. “The basic role of these changes is to update the calculation of overall pay levels. Under the current four-tier wage structure to better reflect the real wages earned by U.S. laborers similarly employed to foreign workers. This update will permit DOL more effectively to ensure that the employment of immigrant and non-immigrant workers conceded or otherwise provided status through the above-referred programs doesn’t adversely affect the wages and job opportunities of U.S. laborers,” it said in an announcement.
As per certain investigations, while most tech firms do pay H-1B workers higher than the overall pay rate. “This is not a minor increase in pays. They’re genuinely substantial and could be a serious deterrence,” said immigration lawyer Greg Siskind.
In another update, the US Citizenship and Immigration Services (USCIS) will look to narrow the meaning of “specialty occupation“. As Congress and require organizations to make “real” offers to “genuine employees,” by shutting loopholes and preventing the removal of the American worker. Also, this will upgrade DHS’s ability to implement compliance through worksite inspections and monitor compliance previously, during, and after an H1-B petition is approved, said the rule.
H-1B Visa Access
According to the USCIS, this rule will combat the utilization of H-1B workers to serve as a low-cost replacement for otherwise qualified American workers. American tech firms have been the greatest beneficiaries of H-1B visas in recent years when contrasted with Indian services organizations. Indian nationals account for over 70% of all H-1B visas issued.
US President Donald Trump is looking for re-election in November. However, it has been systematically making it harder for organizations to acquire workers on H-1B visas in recent months.
[US To Allow Faster Premium Processing for H-1B Visas]
A week ago, a US court overthrew an official proclamation signed in June excepting the entry of individuals on non-immigrant visas like H-1B, L-1 into the country till the year’s end. This was done to secure local jobs given the record unemployment levels following the pandemic.
“Organizations should pay much higher salaries and the measures to qualify a worker for an H-1B will be a lot harder, said Poorvi Chothani, managing partner at LawQuest, an immigration law office.
The US Citizenship and Immigration Services (USCIS) is prior to the regular notification and comment period following the distribution of the rule in the Federal Register. The rule is focused at combat the utilization of H-1B workers to serve as a low-cost replacement for otherwise qualified American workers.
