January 27, 2021

Biden freezes Trump’s last-minute H-1B visa rules

h1 b visaJust before it ended, the Trump administration issued two last-minute H-1B visa rules that substantially changed the H-1B visa program.

H-1B cap registration –  under a final rule issued Jan. 8 , only the highest-paid applicants for new H-1B visa would be selected. Currently, foreign workers are randomly selected through the annual H-1B visa lottery. The new rule was scheduled to go into effect March 9.

H-1B wages – under a final rule issued Jan. 14,  prevailing wages for H-1B visa would significantly increase. U.S. employers seeking H-1B workers would be required to attest that they would pay H-1B holders higher wages than other employees with similar experience and qualifications. That rule was scheduled to take effect March 15.

In an executive order, President Joe Biden has asked the pertinent agencies to put a hold on these last-minute rules for 60 days.

Biden also withdrew an un-finalized rule that would have narrowed the types of jobs qualifying for H-1B visas and make other substantial changes to the H-1B visa process.

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