The Biden administration has decided to delay the release of proposed regulations that would increase the wages of H-1B visa holders and green card holders. This decision is seen as a positive step, especially considering the ongoing job cuts in the United States, particularly within the technology industry, which employs a significant number of H-1B workers.
Furthermore, the implementation of final rules regarding fee hikes for various immigration-related applications, including H-1B visas, has also been pushed back until March 2024, as reported by TOI.
Additionally, there are plans to strengthen measures against fraud within the H-1B cap registration system. According to Mitchell Wexler, a partner at Fragomen, a global immigration law firm, the Department of Labor’s (DOL) intention to implement the wage-hike rule has been significantly delayed as per the spring agenda.
Once the draft rule is made public, there is typically a period of 30-60 days for the public to provide comments, followed by additional months dedicated to finalizing the proposal. The American business community, which heavily depends on hiring H-1B workers, expressed concerns about the negative impact of both the proposed wage increase and filing fee changes.
In January, the USCIS released a proposed fee schedule that faced criticism from businesses due to substantial hikes in fees for various employment-based immigration processes. The extent to which the final rule, anticipated for release in March 2024, will address or modify the earlier proposed fee increases remains uncertain.