If this rule gets implemented, then H-1B employees will be paid higher wages than their US counterparts. Representational image
New Delhi: As Joe Biden is set to sworn in as the next U.S. President on January 20, the Trump administration is using the last few days in power to fulfil its ‘protectionist’ agenda. Late Tuesday, the department of labour announced introduction of final wages rules, which hiked the prevailing wages across all four skill levels for those working in U.S. on H-1B visas or holding employment-based green cards, the
Times of India mentioned in a report.
A statement by DOL states, On October 8, 2020, the department published an interim final rule, and invited public comment. After an extensive review of the comments received, the department has determined that the existing wage methodology undermines the wages and job opportunities of US workers, and that it is in tension with the governing statute. The US DOL is taking these steps to strengthen wage protections, address abuses in visa programs, and protect American workers from being undercut by cheaper foreign labor, said Eugene Scalia, secretary of labour. These changes help ensure that these important foreign worker programs function as Congress intended, while securing American workers’ opportunities for stable, good-paying jobs. In response to the comments we received, the department has adjusted the wages levels used in the interim final rule to better reflect market wages and included provisions to smooth the transition to the new wage levels added Scalia.
US News: With just a few days left for the Biden administration to take charge, the annual H-1B cap lottery process has been replaced with a salary-based selec
The new rule could make hiring of international workers more challenging and would significantly impact Indian aspirants.
MUMBAI: With just a few days left for the Biden administration to take charge, the annual H-1B cap lottery process has been replaced with a salary-based selection process.
The proposal was issued by the Trump administration a few days before the US elections and public comments were invited. Now this final rule has been published and will come into effect in 60 days. However, it can be rescinded by the new administration.
TOI in its earlier report had analysed this proposal.
Under the new rule, H-1B cap visas would be allocated according to wage levels, giving priority to those earning the highest salaries in their respective occupations and geographic areas of employment.