H-1B gets replaced

| Jan 14, 2021 | Immigration |

Individuals wanting to immigrate to Texas should be aware that the Department of Homeland Security has published new H-1B rules that become effective March 9, 2021. The recent changes encourage employers to select applicants with the training and skillset needed to earn more money.

Wage-based plan

The new plan will divide workers into four wage categories. Those categories are based on the U.S. Department of Labor’s reported prevailing wages for that job. Level IV workers will have enough experience to plan, implement, and modify standard procedures within an industry. No Level 1 employees who lack experience will likely be selected. Numerous organizations encourage employers to look at their hiring plans to see if they can offer applicants better positions that pay them more. The program is designed to replace the current immigration law.

Effect of H-1B changes on foreign students

Some suggest that students wanting to come to the United States will be the biggest losers if H-1B changes become effective. Students, even those with master’s degrees and limited experience, may find it difficult to immigrate to the United States under the new system. Except for students in STEM areas, students will only have one year to obtain Optional Practical Training to take them to a higher wage level. Those in STEM areas will have four years to receive additional training.

Changes possible

The new laws may not go into effect for several reasons. The Biden administration may delay them while Congress prepares new rules. It is also possible courts could overturn them because the public only received 30 days to comment on the changes instead of the standard 60 days. The United States Office of Management and Budget was also not given proper time to review the rules as required by federal law.

If you are thinking about becoming an immigrant under H-1B, an attorney may be able to help. You also will want to watch for further updates about the law.