Next year H-1b process?
Just read this morning that a federal court in California stuck down Trump’s new H1b law for increasing the minimum required wages by upto 40%. What does this mean for H-1bs to be issued in 2021? Will we have the stupid old lottery again? Quite anxious as this is my last attempt at getting the H-1b
https://www.dhs.gov/sites/default/files/publications/20_1028_uscis_h-1b-registration-selection-by-wage-levels-nprm-508.pdf&ved=2ahUKEwiOzfD_z6_tAhXkTDABHeBNDf8QFjACegQIDxAB&usg=AOvVaw13mXcLxAcr5dQjadOFY3xy This is the USCIS document explaining everything about the rule Here's the link to check what the minimum wage for each level is (assuming you're in WA, if not, change the state in the link address). These are not updated and are still showing old numbers for now: https://www.flcdatacenter.com/OesWizardStep2.aspx?stateName=Washington
what do you mean by the old numbers. the numbers that got rejected?
btw thanks for the info
Bingo! McKinsey person above explained it well. There is no lawsuit against the wages based selection for next year and they opened it for public comments unlike the other two. So just have to wait and see
@McKinsey: where did you read that it’s going into effect in 5 days? I think public comments are closing today then there is another 30 day information collection period, and there will be public comments for that. Then after that they will look at the comments and decide on if they wanna make this an official rule or not.
You are talking about something else. This rule does not change the applications, it changes the way applications are selected
@Salesforce My bad you're absolutely right. Except from what I read, the information collection is 60 days
I think its gonna be the same lottery system since I just received email from my future employer regarding the next steps for preparing a h1b cap petition for FY22
The Chamber of Commerce also released a public comment against the rule so even if this rule is passed in Jan, they'll get it struck down before the application period begins
Yeah
Boy007: your employer cant know what will happen any more than we do. You getting an email really doesnt tell anything about what might or might not happen. Mckinsey: not sure if courts would be able to act so quickly. The irf’s were stroke down because they didnt follow procedure. The court didnt even look at the contents of the rule. He basically asked: ‘is this a life or death situation’ and it was a no. So the court stroke it down because of the method of publishing of the rule. Whereas this one will definitely take longer to look into. Not sure if it will get struck down even after the decision of the court because it’s following proper rulemaking process.
Got it. Thats why I wrote I think.
From my research (I could be wrong about this), there's no lawsuit yet targeting the wage determination rule that replaces the lottery. It will go into effect in 5 days and unlike the wage percentile rule, this was open to public comments so it followed proper procedure. There could be a lawsuit in the future to strike it down but it wouldn't be as easy as the wage level one.
Thanks. So you’re saying according to the current rules we will have the visa been given out based on wage levels? What do the wage level looks like?
There are 4 levels that are determined by a combination of your YOE and your job title. Since the DOL rule was struck down, the FLC site will get updated soon with the original wages. From USCIS' estimate, 100% of those in the higher wage levels (3 and 4) would get their visa, 75% in level 2 and 0% in level 1. What's gonna be very interesting to see is whether new grads with under 1 YOE but with wages meeting level 2 would be counted as level 2.