Wed. Oct 27th, 2021

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US delays implementing new H-1B wage levels to November 2022

2 min read
New H-1B Wage Levels

New H-1B Wage Levels: The United States will delay the implementation of a rule that calls for higher wages for H-1B workers to November 2022.

The last rule will be issued in the Federal Register on 13th May 2021. Also, this will delay the effective date of the rule by 18 months – from 14th May 2021 to 14th November 2022.

As indicated by a notification by the Department of Labor (DOL), the additional delay has been proposed to “give an adequate amount of time to completely consider the legal and policy issues raised in the rule.”

It said this would offer the public a chance to give data on the sources and methods for determining prevailing wage levels covering employment opportunities that US employers seek to fill with foreign workers either permanently or temporarily through employment-based immigrant visas or through H–1B, H–1B1, or E–3 non-immigrant visas.

DOL delays implementing new H-1B wage levels to November 2022

The Department of Labor had welcomed comments on the proposed rule, and got 627 comments, it said.

The rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States. It was presented by the past Donald Trump government on 14th January 2021, days before the previous president left office.

The government of current US President Joe Biden had to implement the rule. Opening it up for public comments and further analysis prior to continuing with it.

[Shift to wage-based visa selection in the US to impact international students]

The rule calls for expanding the base wages of the four wage levels under the H-1B and different programs. To be implemented in a staggered manner from July 2021.

This would have impressively expanded salaries, particularly at the entry level. Making it harder for students and certain different categories of medical professionals to get jobs at those wage levels. Also, there is ongoing litigation against the proposed rule.

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