Synopsis
The review by US President Joe Biden’s administration is expected to provide relief to companies that depend on computer science engineers from countries such as India.
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PUNE: The United States will review a proposal that had sought increased wages for new H-1B visa applicants.
The anti-immigrant measure Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States by the previous Donald Trump government would have increased H-1B wages by as much as 30%.
The review by US President Joe Biden’s administration is expected to provide relief to companies that depend on computer science engineers from countries such as India.
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With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that could have sweeping effects on the sponsorship of various foreign national workers. In addition, several immigration rules promulgated in the final weeks of the Trump administration are now halted and could soon be reversed.
In his first hours of presidency, President Biden instituted measures to delay some of the “midnight regulations” of the former administration. In a January 20 memorandum issued by White House Chief of Staff Ronald A. Klain, the Biden administration called on the heads of executive departments and federal agencies to withdraw or delay action on pending regulatory initiatives. Whereas Congress introduces and passes bills, which the President may then sign before such bills b
and withdrawing all pending rules that had not yet been published in the
Federal Register. Under the Trump administration’s continued “Buy American and Hire American” policy, these late-enacted regulations were largely focused on continuing to restrict high-skilled worker visas by changing the H-1B lottery selection process, realigning the U.S. Department of Labor’s (DOL) prevailing wage requirements to higher salary percentiles for H-1B visa holders, and placing additional obligations on both employers that place visa workers at third-party client sites and on the end-client companies where those workers are placed.
Business Immigration Impact
Below is a summary of what high-skilled business immigration employers can expect from the first six months of the new Biden administration.
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Apparently undeterred by prior litigation striking it down, the
Department of Labor (DOL) has published another rule in
the
Federal Register raising minimum wages for
high-skilled workers. The Strengthening Wage Protections for the Temporary and
Permanent Employment of Certain Aliens in the United
States Rule (Wage Protection Rule) will go into
effect on March 15, 2021 and will start to affect H-1B, H-1B1, and
E-3 work visa cases, as well as PERM filings in July 2021.
Employers sponsoring individuals in these types of cases must
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