H1B new rules in detail [Implementation of December 2021] This year does not change

H1B new rules The【the latest update】On February 4, 2021, DHS will delay the new H1B regulations December 31, 2021^【source】EssenceTherefore, in 2021, the original “completely random” lottery method will be continued.

On January 8, 2021, the U.S.Land and Security Agency released the latest new regulations for H1B lottery.The H1B policy changed greatly ^【source】 EssenceThe new rules will start in real time at 60 days after the release, that is,: March 9, 2021 Essence

The new rules will be given to foreign employees with high wages and high-skills, preferred H1B options, and used to replace the traditional “completely random” lottery method.

After reading this article, you will learn more in detail:

• H1B new rules detailed
• H1B salary level division
• What is the impact of h1b new rules
• Will the new rules of H1B really implement it?

H1B new rules detailed explanation

H1B visa, English is H1B VISA, a non-immigrant visa, allowing foreigners to work in American companies through this visa.This is the main way for international students to complete their studies and stay in the United States.It is also an important path for many American companies to recruit technical talents directly from abroad.

It is not easy to obtain the H1 visa.The USCIS issues up to 85,000 H1B CAP visas each year, of which 20,000 are professional talents who receive a master’s degree in STEM or above in the United States (called Advanced Degree Exemption).The remaining 65,000 areConventional H1B quota (called regular cap).The total number of people applying for H1B each year is greatly exceeded the number of issuance.For example, in 2020, the number of people applying for H1B visas exceeds 200,000.Therefore, more than half of the people cannot get the H1B visa as expected.

So how do I choose to issue an H1B visa applicant from many applicants?

Let’s compare the new rules of H1B with the old rules:

H1B Old Rules

The H1B old rules use a “completely random” lottery method, mainly depending on luck, there are two steps:

step one: From all applicants, 65,000 are randomly drawn;

Step 2: Among the applicants who have not been drawn, the applicants who belong to the “Advanced Degree Exemption” category will be taken out separately, and then 25,000 are taken out;

Therefore, a total of 85,000 applicants with a total of 8,000 applicants will be able to complete the final H1B application process and obtain a H1B visa.in conclusion,

• H1B old rules, adopted a “completely random” computer lottery, mainly rely on luck;
• However, applicants who belong to the “Advanced Degree Exemption” category will have two opportunities for H1B lottery;

H1B new rules

The new regulations of H1B will be based on the “salary level” and select the H1B applicant in the way from high to the end.

The basic idea is to give foreign employees with high salary and high skills, priority H1B options, and past the traditional “completely random” H1B lottery rules.

H1B new regulations are also applicable to Regular Cap, and Advanced Degree Exemption.

According to USCIS, the purpose of H1B’s new regulations is to protect the interests of American workers, and to ensure that senior technical personnel, and highly educated personnel can better benefit.

The specific operation steps are as follows:

step one：根据申请人的工作类型 (Standard Occupational Classification，简称 SOC)、和就业地点，从而将申请人的工资与对应的 Prevailing wage进行对比，按照从高往低，归纳入四个 H1B salary level, First choose applicants with a salary of 4 levels (the highest level) level, and then push in order, then select applicants of level 3, 2, and level 1 until 65,000 applicants are selected;

Step 2: From all the applicants who have not selected, take out applicants who belong to the “Advanced Degree Exemption” category.They also choose from high to low according to the salary level, and finally select 25,000 applicants;

Therefore, a total of 85,000 applicants with a total of 8,000 applicants will be able to complete the final H1B application process and obtain a H1B visa.

According to the latest H1B new regulations, the higher the salary of the employer will give you, the higher the chance of getting the H1B visa.According to FY 2021 data, it can be predicted that the winning rate of different wages in 2021 ^【source】 Besides

We can see the following points, for Regular Cap:

• The salary level is level 3 and level 4, and 100%can get H1B;
• The salary level is at level 1, there is no way to get H1B;
• For the salary of level 2, most people can get H1B;

H1B salary level

H1B salary, English is H1B WAGE, also known as Prevailing Wage, which refers to the average salary of employees in a certain area of work.Different regions and different types of work will have a specific Prevailing Wage.

The most basic requirement to apply for H1B: The salary paid by the company must reach Prevailing Wage.

Each specific work has four levels: level 1, level 2, level 3, and 4.4., the lowest level 1 salary and the highest salary level 4.These four levels of wage requirements are based on work place As well as industry category, as well as Different duties Different ^【source】 The

• Level 1(Entry): Entry-level employees are often used for “Research Fellow”, “A Worker in Training”, “Internet” and other positions (there are industry differences)
• Level 2(Qualify): Most of them are doctoral students, master’s degrees, and undergraduate graduates with work experience (industry differences)
• Level 3(Experienced): Professionals with many years of experience, the title of these jobs often contains the words “Lead”, “Senior”, “Head”, “Chief”, or “Journeyman” (industry differences)
• Level 4(Fully Competent): professionals with more years of work experience often have the responsibilities of management and guidance (there are industry differences)

How to find Prevailing Wages?

step one:Log in Foreign Labor Certification Date Center

Step 2: Find the “Search Wizard” option

Step three: Select the state you need to query

Step 4: Select the data source, area, and work type

Taking the data from July 2020 to June 2021, the Houston area, and mechanical engineers as an example:

Step 5: View the salary of four levels

The above is the salary level of mechanical engineers in Harris County, Texas.If, in the same way, check the salary of mechanical engineer positions in Cook County, Illinois, and the two are not the same (these two places are places I have worked).The following is as follows ^{【Data Sources】} The

Therefore, as a mechanical engineer, the annual salary of $ 100,000 a year can be counted as level 3 in Illinois, but in Texas, it needs to be counted as level 2.

What is the impact of h1b new rules

Due to the changes in the rules, some people will definitely benefit, and others will be affected by the negative:

Possible people

• Professional talents with high wages, high education, and years of work experience must be directly returned.They can get Level 3 and Level 4 salary level employees.The chance of being selected must be very high;
• Programmers, data analysts, etc.can work in high-tech companies, and the chances of selection are higher;
• High education, but in the past 1 to 2 years, there are still professional talents who have been drawn and hold OPT.
• People are not in the United States, but they are majors in the United States.At the same time, they hope that people to develop in the United States are easier to work directly through H1B to work in the United States;

Possibly affected people

• Non -STEM’s entry-level job positions may be more affected.On the one hand, the entry-level work needs to be ranked in the last choice in the new H1B regulations.At the same time, the non -STEM major graduates have only one chance to apply for H1B due to the length of OPT.

Is H1B new rules be implemented?

This is difficult to say, because on January 20, 2021, President Biden is about to take office, and Biden has said that it will suspend the implementation of policies that have not been effective at 12:00 noon on the day of work.Regular, I don’t know if it can be implemented.

However, it should be pointed out that the launch of the new H1B rules this time is completely different from the last time Trump Administration’s administrative order to increase H1B Prevailing Wages.The difference is as follows:

• The H1B rules this time were directly released by the Land and Resources Bureau, and before the official release, it had completed the publicity stage of the public, so there was no problem in the program;
• The administrative order launched by Trump last time did not go through any publicity, and was stopped by federal judges in December 2020, so there was no way to implement it;

common problem

Answer: The new rules will give high-wage and high-skills foreign employees, preferred H1B choices, and used to replace the traditional “completely random” lottery method.
The new regulations of H1B will be based on the “salary level” and select the H1B applicant in the way from high to the end.
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Answer: H1B Delay is not affected by new rules
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Answer: Only calculate the basic salary, and do not consider any other stocks, dividends and other income
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The new rules of H1B may have the following impact:
1) Professional talents with high wages, high education, and many years of work experience must be directly returned.They can get Level 3 and Level 4 salary level employees.The chance of being selected is very high;
2) Programmers, data analysts, etc.can work in high-headed technology companies, and the chances of selection are higher;
3) High educational qualifications, but in the past 1 to 2 years, there are still professional talents who have been drawn and hold OPT.This time, it will be greatly benefited;
4) People are not in the United States.
5) The entry-level job positions of non -STEM majors may be more affected.On the one hand, the entry-level work needs to be ranked in the last choice in the new H1B regulations.At the same time, the non -STEM major graduates have only one chance to apply for H1B due to the length of OPT.
See More