The chance to get a work visa in the USA will now depend on the applicant's salary - ForumDaily
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The chance of getting a US work visa will now depend on the applicant's salary

The United States Citizenship and Immigration Services (USCIS) has unveiled a final rule that will change the H-1B work visa process as well as current lottery procedures and prioritize wages. This is stated on the site USCIS.

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Changing the H-1B visa cap selection process will encourage employers to offer higher salaries or apply for higher-skilled positions, and set a much safer path for businesses to meet staffing needs and remain globally competitive, the agency said.

But at the same time, the innovation will deprive thousands of foreigners of opportunities to get a job in the United States.

“The H-1B temporary visa program has been used by employers primarily seeking to fill entry-level positions and reduce overall business costs,” said USCIS Deputy Director Joseph Edlow. “The current H-1B random selection process makes hiring planning difficult, prevents the program from being used to compete for the best workforce, and largely results in an annual influx of low-wage foreign labor.”

On the subject: Federal court overturns Trump administration 'public burden' rules and work visas

The final rule takes effect 60 days after its publication in Federal Register. Since publication in the registry is scheduled for January 8th, this rule will take effect on March 8th.

The essence of the rule

The rule abolishes the H-1B lottery, which is used to issue 65 work visas within the annual limit set by Congress, as well as 000 additional visas for graduates. Instead, USCIS will accept applications for these visas before the start of the fiscal year (in 20 it was before April 000), and if more of them are received than the H-2019B limit allows, the agency will satisfy petitions not by the lottery method, but from the highest salary offered to the lowest.

“If USCIS receives more petitions than necessary to meet the H-1B quantitative limit, the service will evaluate and screen the petitions received based on US Occupational Employment Statistics (OES) wage levels. Priority will be given to applications with the OES IV salary level, then, in descending order, applications with OES III, II and I salary levels will be selected,” the document says.

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Unselected bids will remain in reserve for the respective fiscal year.

US Citizenship and Immigration Services typically screen more than 85 applications, as some may be denied work visas during the check and paperwork process. USCIS has the right to reject an application if the salary level in it was deliberately overstated in order to deceive the agency.

It was not a mandatory part of the H-1B registration system in 2020 to indicate the salary amount for the immigrant invited to work, meaning the new rule will complicate the application process.

Who can lose the right to a visa in accordance with the new rule read in our material.

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a visa USCIS Immigration in the USA
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