DHS Rule to Allocate H-1B Visas to Highest Paying Jobs takes Effect
This past January 8th, U.S. Department of Homeland Security (DHS) is scheduled to publish in the Federal Register (see Final Rule) a final rule prioritizing allocation of H-1B visas according to the wage level of the offered position.
How does this apply to UT Health SA’s ability to submit H-1B petitions to USCIS? Well, it doesn’t! UT Health San Antonio is a cap-exempt institution, meaning, we do not have to adhere to the April 1st filing dates and do not have to register our potential H-1Bs in the lottery system.
When the OIS receives an H-1B request from a sponsoring department/division, we conduct a thorough examination of the position and calculate the prevailing wage internally based off the Department of Labor’s guidance. We ensure that the position is meeting both the actual and prevailing wages before we proceed with the request.
How does this apply to our F-1 student status holders that are on their OPT work authorization benefit and looking at H-1B sponsorship outside of a cap-exempt institution? Those requests would then have to adhere to the new guidance that takes effect on March 9, 2021. According to NAFSA, since the effective date of the final rule falls after January 20, 2021, the date the new administration takes office, it is unclear whether the effective date might be delayed by a general “regulatory review” order, as has been the custom in recent administrations. Our office would encourage our F-1 student status holders to speak with their sponsoring employers and/or immigration attorneys to obtain information on how the H-1B process would apply to their case.
Additional Resources:
- Foster LLP: New DHS Rule to Allocate H-1B Visas to Highest Paying Jobs, Effective March 9, 2021
- NAFSA: Modification of Registration Requirement for Petitioners Seeking to File Cap-Submit H-1B Petitions