WASHINGTON, Mar 12: A US group on Thursday opposed the move of the Biden administration to reverse some decisions of the previous Trump administration with regard to H-1B visas, in particular going back to the lottery system for allocation of this most sought after work visa for foreign technology professionals.
The rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, requires that US Citizenship and Immigration Services (USCIS) prioritise the higher-paid and higher-skilled foreign workers for H-1B cap-subject visas, thus ensuring US businesses have access to the best pool of foreign workers, while also discouraging wage suppression and creating unfair competition to American workers.
WASHINGTON: A US group on Thursday opposed the move of the Biden administration to reverse some decisions of the previous Trump administration with regard to H-1B visas, in particular going back to the lottery system for allocation of this most sought after work visa for foreign technology professionals.
The rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, requires that US Citizenship and Immigration Services (USCIS) prioritise the higher-paid and higher-skilled foreign workers for H-1B cap-subject visas, thus ensuring US businesses have access to the best pool of foreign workers, while also discouraging wage suppression and creating unfair competition to American workers.
In its comment submitted to the Department of Homeland Security, the Federation for American Immigration Reform (FAIR) asserted that the implementation of the Trump administration rule would reduce abuse of the H-1B program by unscrupulous employers while also protecting American workers.
Before further delaying the effective date and implementation periods, the Department will provide the public an opportunity to comment, it said.
On February 1, the department of labour proposed to delay the effective date of the final rule entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” published in the Federal Register on January 14, 2021, for a period of 60 days.
The department proposed to delay the effective date of the final rule until May 14, 2021, in accordance with the Presidential directive as expressed in the memorandum of January 20, 2021, from the assistant to the President and chief of staff, entitled “Regulatory Freeze Pending Review.”
If the rule is imposed, workers on the H-1B would receive at least the 35th percentile of the prevailing wage for their job type and location, compared to the 45th percentile initially