What is the new H1B rule?

A US federal court has turned down a proposed Trump-era rule that called for changing the H-1B visa selection process from random lottery to one that would prioritise higher-wage jobs. The ruling would benefit Indian STEM students looking to take up jobs in the US.

Is New H1B rule implemented?

The DHS IFR, Strengthening the H-1B Nonimmigrant Visa Classification Program Interim Final Rule, was published in the Federal Register on October 8, 2020. The IFR is effective December 7, 2020. Comments on the IFR are due December 7, 2020, with comments on associated form revisions due November 9, 2020.

Is the H-1B visa a lottery?

The H-1B visa is a temporary or nonimmigrant U.S. visa for foreign nationals seeking temporary entry into the United States for employment in specialty occupations. Applicants are selected for adjudication via lottery and are subject to a cap on the number of visas that will be approved.

What is the new rule for H1B visa applicants?

The new rule allows them to monitor the workplace more closely to ensure compliance and has increased the minimum wage levels for H1B visa applicants. Though the details are yet to be disclosed, this is a fairly substantial increase and could be a serious deterrent to companies wanting to hire immigrants.

When will the H-1B wage increase come into effect?

According to the first rule, the wages of the employees hired under the H-1B visa, and the applicants for a Green Card will be increased. This will come to effect once the decision has been published in the US Federal Register and most likely would be enforced beginning from the 8 th of October 2020.

What is the validity of H-1B visa at third party work sites?

The rule has restricted the validity of H-1B visas at third-party work sites to 1 year. The validity of H-1B visas are for 3 years at present; The employees are deployed for a particular work at the third-party worksite; The employees are not a direct client of the employers; The new rules broaden the scope of site visits to be done by the USCIS