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USCIS Issues Damaging Rules Targeting FY-2022 H-1B Cap

Corey Lee Law - NYC Immigration Attorney > C.T.LEE & Associates Blog  > USCIS Issues Damaging Rules Targeting FY-2022 H-1B Cap

USCIS Issues Damaging Rules Targeting FY-2022 H-1B Cap

The certification process of the 2020 presidential election results ended in a riot at the Capitol. No matter what, the Biden-Harris administration’s victory is now official. Biden had shown his friendly attitude towards immigrants and foreign nationals since early in his campaign. He has promised to implement numerous immigration-friendly programs after his inauguration.

Those who seek immigration statuses were relieved to see Biden’s victory over Trump. Finally, as we approach January 20th, the day the new president will be sworn in, the four stressful years for status seekers are about to end. Everyone is excited for the loosened tension on immigration matters, but at the same time, there is also a warranted sentiment of nervousness among foreign nationals.

Donal Trump will still hold office until the very day of January 20th. That means he is still equipped with almost the same presidential powers as before until then. What if his loss pushes him to introduce more damaging immigration rules and bans?

This worrying came true on January 7th. A day after the election’s certification, USCIS issued final wage rules for H-1B visas. If not suspended, this rule will impact the FY-2022 H-1B selection process enormously.

The new rules establish selection methods for FY-2022 H-1B visas. Similar to a rule introduced but soon suspended months before, these final rules attempt to make wage the determining factor when viewing petitions. Applicants with average or low income will have much tougher chances of being approved.

There are four wage levels determined by USCIS. Level IV is the highest and Level I the lowest. Before the final rules, no matter which level of wage is earned, everyone stands equal chances since they are subject to a random selection, or a lottery. Only those selected are eligible to continue the application process.

The final rules will grant priority to those earning Level IV wages. After all qualified Level IV applicants are admitted, USCIS will begin to review Level III applications. The process will repeat for the two lower levels until the quota is reached.

The rule will take effect on March 9th, before the 2022-FY selection. If the rule stays in effect, there is no doubt that many applicants this year will be disadvantaged.

However, there is no reason to be discouraged. The Biden-Harris administration will be inaugurated long before the rule becomes effective. It is almost for sure that Biden will halt Trump’s executive orders soon after his presidency begins.

Even if Biden does not take action on this rule, it will likely face challenges in court. Congress has ruled that H-1B petitions must be reviewed in the order of their submissions rather than the applicants’ wage levels.

After four years of intense restrictions on immigration, hope is finally near. With the H-1B season is once again approaching us quickly, we strongly recommend you to take advantage of the four-year “golden window” for immigration brought by the new president. Our team has years of experience with H-1B petitions, and we have helped countless applicants obtain their visas. We are ready to provide you the most professional and reliable services.

 

即使马上卸任特朗普新规或仍严重影响H-1B

一月六日,大选结果的证明仪式在国会山的暴乱中结束,拜登和哈里斯的胜利彻底尘埃落地。拜登早在竞选时就反复显示了他对移民者和外籍人员的友好。他承诺,在上任后会实行许多移民友好政策。

大多数在寻求身份的小伙伴们在十一月七日,拜登当选的时候都松了一口气。终于,移民政策疯狂收紧的四年要步入尾声。大家都盼望着一月二十日,拜登正式上台后,打开留美的大门。但同时,大家也都捏着一把汗。

毕竟一月二十日之前,特朗普还都是美国的总统,还拥有和以前相差不多的权利。一月七日,证明仪式结束后的一天,移民局又出台了新的H-1B政策。这项政策如果不被拦截,将会殃及所有2022财年H-1B申请者。

这条政策规定了2022财年H-1B签证的选择方式。和之前出台过的政策相似,工资金额将成为筛选H-1B的主要因素之一。

收入为第四等级,薪资属于顶尖25%-20%的申请者会被最先考虑。之后才是按顺序的第三,第二,和第一等级申请者,直到名额用完为止。

但传统的抽签方式不是完全消失。移民局表示,会对最低薪资等级的申请人进行抽签决定。前提是:如果轮到他们的时候还有名额。

举例来说:第三第四等级占用了50,000个名额。第二等级的申请人用尽了剩下的35,000个名额,那么就会在第二等级的申请人里抽取能1拿到H-1B的幸运儿。所有第一等级的小伙伴们就只能眼巴巴地看着了。

这项政策在三月九日生效。那时候,今年的抽签还没有举行。所以如果没人阻止它,不是高薪大佬的2022财年H-1B申请人都会受到暴击。

但是还不要绝望!拜登和哈里斯还有不到一周的时间就要上任了,离这项规定生效还早着呢。拜登上台后的首要行动大概就是把特朗普留下的那些还没生效的政策统统推迟。这样一来,2020的H-1B筛选就还是会像以前一样按照抽签进行。

就算拜登一反常态,什么也不做,这条新规也会在联邦法庭的官司中瓦解的。因为国会规定H-1B申请必须按照递交先后规定优先与否,而不是薪酬。

特朗普压制移民四年后,移民政策终于变得缓和起来了。2021年将会是为期四年的移民黄金段的第一年。三月,我们又即将迎来H-1B的申请季。把握好这来之不易的政策回暖,快快联系我们,让我们帮助您准备一份优秀的申请吧!