What are the latest changes to the H-1B Visa Registration Process? Know them now.

H-1B Visa

New changes in the H-1B visa registration process are not particularly ‘Good news’ for recently graduated international students. Along with the current graduating students, these changes might affect the future in various aspects.

H-1B visa has been the most popular visa category for many years since it offered many benefits over other categories. It was initially incorporated to let employers in the US hire specialty foreign workers temporarily, yet eventually, it became a long-term work visa which allowed access for people all around the globe to apply for employment in the US, receive an initial period of stay, and many more.

According to DOL (Department of Labor), there are four wage levels as follows:

Level 1: Entry level
Level 2: Qualified
Level 3: Experienced
Level 4: Fully competent

The latest changes in the H-1B visa registration process will impact the way graduates belonging to different wage levels assigned by DOL were prioritized during the enrollment procedure.

As per the latest changes issued by DHS (Department of Homeland Security) on January 8th, 2021, USCIS (U.S. Citizenship and Immigration Services) will not accept registrations from level 1 as well as only 75% of the level 2 wage registrations will be selected to file petitions for H-1B visa cap registration. The intention behind incorporating this rule was demonstrated as to emphasize considering the skill-set required for position and salary for the geographic area of concerned employment rather than operating a conventional lottery system.

This decision puts small-scale employers and start-up companies in a difficult circumstance as they will no more be in a convenient position of hiring level 1 H-1B workers. Recently graduated candidates from the US universities will have no hope of finding employment and consequently settling in the US. Due to this reason, students might not come to the United States to complete their graduation or higher studies as there seems no promising future.

As implemented previously, candidates seeking jobs in the US must have a bachelor’s or higher degree from an accredited institution, either from the US or from a foreign country. If an aspirant’s degree is obtained from another country then it must be equivalent to the degree available in the US. A candidate’s qualification must correspond with H-1B visa specialty occupation. Before applying for an H-1B ‘cap’ visa, the candidate must carry a valid job offer from an employer in the US.

USCIS also mentions, if employers want to, they can hire foreign workers and pay them higher salaries, so they can be considered in higher wage level.

It sounds more like an apathetic statement as they and the real world understand rather know that no one would give higher salaries to recently graduated newbies more than the experienced workers striving for years for the same salary.

These new rules were supposed to be effective from March 9th, but as Biden took over the presidency, it is put on a delay as it is yet to undergo thorough review. It is also suspected the Biden administration will eventually eliminate it. As of now, it is crystal clear that this new rule will not be affecting the H-1B visa registration process of the new fiscal year beginning from October 1st, 2021.

We, at CosmosImmigration, are ready to roll out our strategic process for your visa application to land you in your dream country in these changing times. To know more, book your free appointment with our consultants today.

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