H-1B Visa and Green Card Holders Salary Raise Deferred by Biden Administration

Biden Administration Not With The Idea Of Salary Hike

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.

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