New H-1B Wage Rules

Taking another parting shot at the employment-based immigration affecting H-1B and other similar work visas, the Trump’s administration has published a rule that raises the wages by approximately 30% across the board.

The rule is likely to be “stayed” by the Biden administration, Congress, or the courts.

H-1B, H-1B1 and E-3 new petitions, extensions, amendments, and transfers will all be governed by the new wage requirements when implemented Unless reversed, this rule will seriously impact new H-1B filings during the next fiscal year when the H-1B regulations of the USCIS would select only the higher paid lottery employees.

The rule will increase required wages for H-1B, H-1B1, E-3 and GC applications led through employment.

The increase in wages will not affect the H-1B lottery this year (March 2021) if the LCA process is completed before July 1, 2021.

The escalation is implemented incrementally in phases: for new processing, over an 18-month period; and for applications already in process on 8 October 2024, over an approximately 40-month period.