Posted on 02/10/2021 10:54:03 AM PST by NobleFree
United States Citizenship and Immigration Services (USCIS) announced on February 5 that it would delay the effective date of the H1B final rule, announced on January 7, from March 9 to December 31, 2021.
In an official statement issued by USCIS, the immigration agency said: “The delay is to give USCIS more time to develop, test, and implement the modifications to the H1B registration system and selection process, and to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule.”
Upcoming H1B cap season
The delay means that the upcoming H1B cap season will be subject to the current process of random selection for any registration period that takes place prior to December 31, 2021.
On announcing plans to switch the H1B visa selection process to a wage-based system in January, USCIS said: “Changing the selection process will better ensure that the most highly skilled foreign workers benefit from the temporary employment program and wages are prioritized to protect the economic interests of US workers.”
“Modifying the H1B 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,” the US immigration agency added.
Deputy Director for Policy at USCIS, Joseph Bedlow, said that the Trump administration was convinced that the H1B visa program was being exploited and abused by employers seeking to fill entry-level job roles and reduce business costs.
Bedlow said that the Trump administration had ‘failed to leverage the H1B visa program to compete for the brightest and best international workers.’
Final wages rule
The delay to the wage-based process comes after the US Department of Labor (DoL) postponed the implementation of the final wages rule until May 14, 2021.
This rule would have forced American firms looking to hire foreign workers on H1B, H1B1 or E3 visas to offer the same or higher wages as those received by US workers. The final wage rule is currently being reviewed by the Biden administration.
The delay means that the lottery process will continue as usual with two lotteries used to randomly select enough beneficiaries to meet the annual quota of 85,000.
The first lottery randomly selects 65,000 applications, while the second lottery is used to select 20,000 applicants not chosen in the first lottery and hold US advanced degrees.
In the last H1B filing season for the fiscal year ending September 30, 2020, USCIS received 275,000 registrations from sponsoring employees. According to USCIS data, 67.7% (186,000) of applicants were from India. Meanwhile, approximately 46% (126,000) of all registrations were eligible for the Masters’ cap.
Millions of Americans are losing/have lost jobs, and we’re bring in more foreigners...wonderful.
Protect? The whole point is to undercut US IT workers and their wages. This is Orwellian to say the least. I hate these people.
OTH a "raise the min wage" thread will get 200 posts...
I have zero argument. I always see you on these threads.(and I am usually here as well)
I go to those minimum wage threads and get trashed...
I work for a living, get a paycheck and don’t have my own business so I am a nothing in the GOP scheme of things.
The theory is that “prioritizing registrations based on wage level within each cap will incentivize H-1B employers to offer higher wages, or to petition for positions requiring higher skills and higher-skilled aliens that are commensurate with higher wage levels, to increase the likelihood of selection and eligibility to file an H-1B cap-subject petition. Moreover, it will maximize H-1B cap allocations, so that they more likely will go to the best and brightest workers; and it will disincentivize abuse of the H-1B program to fill relatively lower-paid, lower-skilled positions, which is a significant problem under the present selection system.” - https://www.federalregister.gov/documents/2021/01/08/2021-00183/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions
Which is not to say that PedoJoe’s people won’t find a way to twist it so it benefits corporate globalists and screws American workers as H-1B always has.
Every H1B worker that comes into this country from India is basically one more US family that is financially destroyed. And it serves no other purpose than makes a few billionaires more money, which turns into large political contributions. It is sick and cruel. My career is over.
Immigrants are going to come to the USA. Better to make a planned process rather than a lottery as it is now
It’s not as black and white as you portray it.
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