The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) recently announced changes to the H-1B visa requirements.
Under the new DOL rule, which goes into effect October 8, the required wage level for entry-level workers would rise to the 45th percentile of their profession’s distribution, from the current requirement of the 17th percentile. The requirement for the highest-skilled workers would rise to the 95th percentile, up from the current 67th percentile. The full DOL interim rule is available here.
The DHS rule, which is expected to go into effect in approximately 60 days, makes changes to the definition “specialty occupation.” Under the proposed new definition, an applicant must have a college degree in the specific field in which he or she is looking to work. For example, a software developer wouldn’t be awarded an H-1B visa if that person has a degree in electrical engineering. The only stated exception to this rule is for fashion models, who are not required to have college degrees. The proposed DHS rule is available here. This proposed rule will be open to public comment.
If you have employees working under an H-1B visa, you are encouraged to work with your human resources department and legal counsel to ensure compliance with the new wage requirements.
The DHS rule, which is expected to go into effect in approximately 60 days, makes changes to the definition “specialty occupation.” Under the proposed new definition, an applicant must have a college degree in the specific field in which he or she is looking to work. For example, a software developer wouldn’t be awarded an H-1B visa if that person has a degree in electrical engineering. The only stated exception to this rule is for fashion models, who are not required to have college degrees. The proposed DHS rule is available here. This proposed rule will be open to public comment.
If you have employees working under an H-1B visa, you are encouraged to work with your human resources department and legal counsel to ensure compliance with the new wage requirements.
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