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This Is Why It s Critical to Avoid Employee Misclassifications
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H1B visa regulation removed by Biden administration
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A group of seven American businesses have announced that they have dropped an H1B visa lawsuit filed against United States Citizenship and Immigration Services (USCIS). The lawsuit was dropped after USCIS reportedly agreed to accept and adjudicate previous decisions on US work visas.
Back in March, the American Immigration Council (AIC) filed a lawsuit on behalf of the seven companies, which challenged USCIS’ ‘arbitrary rejection’ of H1B petitions filed after October 1 simply because a H1B workers’ intended start date for employment was after October 1.
The lawsuit claimed that based on this timeline, USCIS had created a ridiculous choice for employers to make - either starting foreign workers on October 1 and not a day later or misrepresent the intended start date by ‘backdating’ the petition.
The Biden administration has increased the number of US visas made available to seasonal workers by 22,000. The extra seasonal guest-worker visas will become available ahead of the busy summer season, according to a statement issued by the US Department of Homeland Security (DHS).
It’s understood that the increased number will be in addition to the 66,000 H2B visas that the government already makes available to seasonal workers such as landscapers, fishers, resort workers and country fair staff, recruited by employers for their busiest season.
The rise in guest-worker visa numbers follows Biden’s lifting of Trump’s ban on such visas and other temporary US work visas amid the coronavirus pandemic. The DHS said that 6,000 of the additional visas will be reserved for applicants from the so-called Northern Triangle countries of El Salvador, Guatemala and Honduras.
The US Department of Labor (DoL) is requesting feedback from the public within the next 60 days on determining prevailing wage levels for various immigrant and non-immigrant work visas, including the coveted H1B visa. The US H1B visa is popular among Indian professionals looking to work in the US tech sector.
For certain US visa categories such as the H1B visa and E3 visa the employer needs to show that the prevailing wage will be paid. A prevailing wage request needs to be made by the employer, to the Department of Labor that is a time consuming process, which is currently taking the Department of Labor a number of months to deal with. Salary rates for certain US visa schemes is tightly regulated.
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