May 8, 2021

Volume XI, Number 128

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H-1B Cap Process That Begins in March Gives Priority to High Salary Workers

H-1B cap-subject petition registration will begin March 1, 2021 through March 20, 2021. U.S. Citizenship and Immigration Services (USCIS) will select 85,000 petitions for the H-1B cap (65,000 for the general category and 20,000 for the US advanced degree category). Applicants selected during this process will have 90 days from selection notification to submit the H-1B petition for the beneficiary named in the registration.

USCIS issued a new rule that will change the H-1B cap process from a random lottery to a new selection process based on wage level, giving priority to individuals earning the highest salaries in their occupational category and geographic area of employment. The Department of Labor also announced a new rule to raise the required wages for foreign workers, with increases starting July 2021. We expect both rules to be challenged and will continue to monitor for updates.

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© 2021 Varnum LLPNational Law Review, Volume XI, Number 13
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About this Author

Kimberly A. Clarke, Varnum, Immigration Lawyer
Partner

Kim focuses her practice on immigration matters, including nonimmigrant petitions, both employment- and family-based permanent residence applications, expatriation and foreign visa issues. She has developed a strong background in the area of worker verification issues and managed clients through internal and agency Form I-9 audits, USICE compliance investigations and civil criminal charges.

In addition, Kim maintains a specialty practice of consultation with agricultural clients and handles various agricultural labor and employment issues such as compliance with...

616-336-6441
Nina A. Thekdi, immigration lawyer, Varnum
Partner

Nina focuses her practice on business and family-based immigration matters.  Her experience encompasses nonimmigrant visa petitions including H-1B visas, L-1A and L-1B visas, TN visas under the NAFTA treaty, and O-1 visas. She also assists clients with employment-based permanent residence petitions including the labor certifications process, EB-1 extraordinary ability, EB-1 outstanding professor and researchers and EB-1 multinational managers and executives petitions; family-based permanent residence applications; naturalization applications; and foreign visa issues.   ...

248-567-7406
Yvonne Kupfermann Employment Lawyer Varnum Law Firm Grand Rapids
Associate

Yvonne focuses her practice primarily on employment and family-based immigration in addition to general corporate matters. She assists clients with employment and family-based permanent residence petitions, including the labor certification process, visas for extraordinary ability, and multinational managers and executives petitions. She focuses on visa processing, waivers, DACA and citizenship matters. Additionally, she has experience in general corporate matters, including LLC formation.

616-336-6373
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