The Department of Homeland Security (DHS) declared on 28/10/2020 a proposed rule to amend the H-1B regulations administering the process by which the annual H-1B lottery is directed.
If established as proposed, USCIS would initially choose enlistments (or petitions, if the enrollment cycle is suspended). in view of the highest Occupational Employment Statistics (OES) prevailing wage level that the offered wage approaches or surpasses. This would replace the random H-1B selection way. In this way, offering a Level 4 OES wages would improve the odds of selection.
The reason given for this proposed rule is to help counter the descending tension on the wages of U.S. laborers that is made by a yearly convergence of moderately lower-pay, new cap-subject H-1B specialists (i.e. Level 1 OES compensation).
As per the DHS, the progressions proposed in this rule would give some perspective petitioners the ability to possibly improve their opportunity of selection by agreeing to pay H-1B beneficiaries higher wages that equal or surpass higher prevailing wages levels.
DHS will open a public remark period once the proposed rule is published in the Federal Register. Interested parties will have 30 days to submit remarks pertinent to the proposed rule and 60 days to submit remarks pertinent to the proposed information collection. DHS will survey all appropriately submitted remarks, consider them cautiously, and draft responses prior to issuing a final rule.
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Sincerely,
Luke Bowman
The Law offices of Luke Bowman