Setback for Indians? WH approves major H-1B visa overhaul, set to prioritize higher wages over lottery system
THE White House's Office of Information and Regulatory Affairs has adopted a proposed regulation that could change the way H-1B visas are distributed to workers in specialty occupations, as per Bloomberg Law report. The move implies that the new regulation might soon be made public.
The new rule is anticipated to relaunch a Trump administration plan that would prioritize H-1B applicants based on earnings rather than the existing random lottery system. However, the US Citizenship and Immigration Services (USCIS) has not yet released information regarding the regulation.
What we know about random lottery system
At present, there is an annual cap of 85,000 visas under the H-1B program, which is widely used by the tech sector. On an annual basis, a random lottery selects which employers may file visa requests. In 2021, the Department of Homeland Security (DHS) recommended allocating H-1B visas based on earnings, separated into four categories, to prioritize higher-paying positions.
DHS attempted to switch from a random selection procedure to a wage-priority approach under the Trump administration. The suggested regulation would put applications based on wages promised, with higher-paying positions given preference in accordance with the administration's “Buy American, Hire American” program, which was designed to guarantee that highly qualified foreign workers who were paid significantly better were given preference for H-1B visas.
After strong public outcry, the Biden administration withdrew the plan in 2021 amid claims that it would significantly lower the number of foreign workers who may be employed.
Federal courts prevented previous attempts to narrow down the scope of qualified occupations under the program and increase wage floors.
What will change under new H1B visa regulation
Given the new rule's acceptance, the government might try to amend the H-1B visa application procedure once again. Trump frequently decried the H-1B program, saying it was often abused to bring in lower-paid foreign workers at the detriment of American workers, especially in the technology industry.
His previous government tightened program restrictions to safeguard American wages and jobs.
