Update to H-1B Visa

Jan 7, 2021


USCIS has finalized the guidance that will modify the H-1B process and replacing lottery program with wage level ranking system to grant immigrants visa to higher paid employees. By mending the H-1B process, employers have to offer higher salaries to their H1B workers in order for workers to qualify to receive H-1B visa and to be able to retain their competitive edge. This guidance is intended to discourage employers to file for the foreigners as employers have been taking advantage of the H-1B visa program in the past. Labor Department Occupation had been setting the standards that allowed employers to bring in skilled workers to staff jobs at a more reasonable bases and prevailing wages and raise the cost of doing business in the United States.



An H-1B visa is a visa that will permit foreigners to work for a United States business. The visa will approve the foreign worker a three-year period, which can be renewed – though not to exceed a six-year stay. Employers would file a petition and pay the fees for the foreigner. In the past, there would be a lottery for the approved visas. With this new guidance, businesses that offer higher pay to their foreign employee will be given priority.





Some requirements of the visa are having a U.S. equivalent of a four-year Bachelor or higher degree, be able to complete the responsibilities of the position offered, and hold any necessary licenses or certifications that is required for the position.



The following items are required to file a petition:

  • Copy of passport
  • Copy of degrees/certificates and/or licenses/transcripts/achievements
  • Letter of current employment
  • Previous employment/experience



This guidance will take effect in 60 days. If you are an employee under the H-1B process and would like to know how this rule will impact you, or if you want to get started on your work permit (employment authorization), give Law Offices of Wiliani-Malek a call at (714) 432-1333 so we can assist you immediately!