On January 8, U.S. local time, the U.S. Department of Homeland Security (DHS) issued new regulations for H-1B work visas: the existing lottery system will be canceled and replaced by a selection process based on wage levels, prioritizing high-salary applicants. The new regulations will take effect 60 days after publication in the Federal Register.
This means that the existing random lottery system for H-1B visas will no longer exist and will be replaced by an allocation based on wage levels. These new regulations are being called the strictest in 20 years.
The next H-1B visa application season is scheduled to begin on April 1, 2021, and will follow the new regulations. The details are as follows:
① After receiving all online registration information, USCIS will rank all registration applications according to the Occupational Employment Statistics (OES) wage survey data.
② If an H-1B applicant will work in multiple locations, USCIS will select the lower wage level that the applicant meets or exceeds among the multiple work locations to allocate the quota;
③ Visas will be issued first to those at the highest of the four wage levels, then to those at the third-highest level, and so on, until the quota is exhausted.
(If there is no wage data for the corresponding position in the OES, USCIS will determine the wage level based on the requirements for that position in the OES.)
USCIS wage standards will refer to the Occupational Employment Statistics (OES) data published by the Department of Labor
The U.S. Department of Homeland Security claims that these new regulations are more consistent with the intent of Congress and are more conducive to helping U.S. companies maintain global competitiveness. Deputy Secretary of Homeland Security Ken Cuccinelli explained: "This means the higher your wage level, the greater your chance of having your H-1B application approved. The only random factor is competing with people in the same area who have the same skill level as you."
The introduction of the new H-1B policy will have the greatest impact on international students. The increase in wages means a disguised increase in the threshold for H-1B applications. If a visa holder's salary is below the minimum standard, the H-1B application will be directly rejected. For fresh graduates, it is extremely difficult to earn such a high salary immediately upon graduation.
In recent years, the U.S. government, which has consistently pursued an "America First" policy, has continuously increased pressure on H-1B visas. This new regulation, which completely abolishes the lottery system and prioritizes high-salary applicants, is undoubtedly a double blow for international students who want to stay and work in the U.S. through an H-1B visa.
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