U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.
Modifying the H-1B cap selection process will incentivize employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive.
It is important to note that this rule must first be published in the Federal Register and then it will take affect 60 days later.
This makes it possible that the rule may not take effect until after the 2021 H1b quota. Further, this rule is likely to be enjoined by litigation.
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Sincerely,
Luke Bowman
The Law offices of Luke Bowman