f*******n
发帖数: 12623 | 1 (注：跳过了public comment，很快会在法院上被challenge. -rgx)
DHS:
https://public-inspection.federalregister.gov/2020-22347.pdf
他们跳过了proposed rule直接出interim final rule, 60天后生效
Key takeaways:
New definitions for "specialty occupation," "work site," and
"employer"
Short one-year visa terms for third-party staffing companies.
DOL:
http://t.ly/sG0V 本周四生效！
P81
The DOL acknowledges that the existing wage levels – set at
approximately the 17th, 34th, 50th, and 67th percentiles –
have been in place for over 20 years, and that many employers
likely have longstanding practices of paying their foreign workers
at the ratesproduced by the current levels.
Adjusting the levels to the 45th, 62nd, 78th, and 95th percentiles
represents a significant change, and may result in some employers
modifying their use of the H1B and PERM programs.
Prevailing Wage:
Level 1: 17th->45th
Level 2: 34th->62th
Level 3: 50th->78th
Level 4: 67th->95th |
f*******n
发帖数: 12623 | 2 https://www.dhs.gov/news/2020/10/06/department-homeland-security-and-
department-labor-rule-restores-integrity-h-1b-visa
Today the U.S. Department of Homeland Security announced an interim final
rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.
S. workers, restores integrity to the H-1B program and better guarantees
that H-1B petitions are approved only for qualified beneficiaries and
petitioners.
The H-1B program was intended to allow employers to fill gaps in their
workforce and remain competitive in the global economy, however it has now
expanded far beyond that, often to the detriment of U.S. workers. Data shows
that the more than a half million H-1B nonimmigrants in the United States
have been used to displace U.S. workers. This has led to reduced wages in a
number of industries in the U.S. labor market and the stagnation of wages in
certain occupations. These latest efforts on H-1B visas are part of a
larger Trump Administration goal to protect American workers.
“We have entered an era in which economic security is an integral part of
homeland security. Put simply, economic security is homeland security. In
response, we must do everything we can within the bounds of the law to make
sure the American worker is put first,” said Acting Secretary Chad Wolf. “
The Department of Homeland Security is honored to take this important step
toward putting Americans first and to continue to implement President Trump
’s agenda to keep our economy secure.”
This rule will combat the use of H-1B workers to serve as a low-cost
replacement for otherwise qualified American workers.
The new rule will:
* Narrow the definition of “specialty occupation” as Congress intended by
closing the overbroad definition that allowed companies to game the system;
* Require companies to make “real” offers to “real employees,” by
closing loopholes and preventing the displacement of the American worker;
and,
* Enhance DHS’s ability to enforce compliance through worksite inspections
and monitor compliance before, during, and after an H1-B petition is
approved.
This IFR will be effective 60 days after its publication in the Federal
Register. United States Citizenship and Immigration Services (USCIS), a
component of the Department of Homeland Security (DHS), is forgoing the
regular notice and comment period to immediately ensure that employing H-1B
workers will not worsen the economic crisis caused by COVID-19 and adversely
affect wages and working conditions of similarly employed U.S. workers. The
pandemic’s economic impact is an “obvious and compelling fact” that
justifies good cause to issue this IFR.
https://www.dol.gov/newsroom/releases/eta/eta20201006
The U.S. Department of Labor today issued an Interim Final Rule (IFR) that
will help protect the wages and job opportunities of American workers by
reforming the prevailing wage methodology used by the Department in several
foreign worker programs.
After an extensive review of the Permanent Employment Certification, H-1B, H
-1B1, and E-3 Visa programs, the Department has determined that the existing
wage methodology leads to potential abuses of these programs that in some
cases undermine the wages and job opportunities of U.S. workers. These harms
are exacerbated by the recent effects of the coronavirus public health
emergency on the U.S. labor market, and require immediate corrective action.
“The U.S. Department of Labor is strengthening wage protections, addressing
abuses in these visa programs, and ensuring American workers are not
undercut by cheaper foreign labor,” said U.S. Secretary of Labor Eugene
Scalia. “These changes will strengthen our foreign worker programs and
secure American workers’ opportunities for stable, good-paying jobs.”
The IFR will improve the accuracy of prevailing wages paid to foreign
workers by bringing them in line with the wages paid to similarly employed U
.S. workers. This will ensure the Department more effectively protects the
job opportunities and wages of American workers by removing the economic
incentive to hire foreign workers on a permanent or temporary basis in the U
.S over American workers.
When seeking to employ an H-1B, H-1B1, or E-3 visa, U.S. employers must
attest that they will pay nonimmigrant workers, during the period of
authorized employment, the higher of the prevailing wage or the actual wage
paid to other employees with similar experience and qualifications.
Similarly, when an employer seeks to hire an immigrant under an EB-2 or EB-3
classification, the employer must seek to recruit U.S. workers for the
position using a prevailing wage issued by the Department, and, if no
willing, available, and qualified workers are found, promise to pay the
foreign worker used to fill the position the prevailing wage.
The prevailing wage rates in these programs thus play an integral role in
protecting U.S. workers from unfair competition posed by the entry of lower
cost foreign labor into the U.S. labor market. It is essential that the
methodology used by the Department in calculating the prevailing wage rates
accurately reflect what U.S. workers performing the same kinds of jobs and
with similar qualifications make to ensure employers cannot use foreign
workers in place of U.S. workers.
The mission of the Employment and Training Administration is to contribute
to the more efficient functioning of the U.S. labor market by providing high
-quality job training, employment, labor market information, and income
maintenance services primarily through state and local workforce development
systems.
The mission of the Department of Labor is to foster, promote, and develop
the welfare of the wage earners, job seekers and retirees of the United
States; improve working conditions; advance opportunities for profitable
employment; and assure work-related benefits and rights. |
r*x
发帖数: 411 | 3 DOL把prevailing wage大幅提高了
【在 f*******n 的大作中提到】
: (注：跳过了public comment，很快会在法院上被challenge. -rgx)
: DHS:
: https://public-inspection.federalregister.gov/2020-22347.pdf
: 他们跳过了proposed rule直接出interim final rule, 60天后生效
: Key takeaways:
: New definitions for "specialty occupation," "work site," and
: "employer"
: Short one-year visa terms for third-party staffing companies.
: DOL:
: http://t.ly/sG0V 本周四生效！
|
N********i
发帖数: 10 | |
l****y
发帖数: 58 | 5 这个对即将要申请PERM和I140的case有影响吗？还是只对H1B有影响？
【在 N********i 的大作中提到】
: 已有H1b的，如果不renew，会受影响吗？
|
v*******m
发帖数: 77 | 6 已经批准的不影响
【在 N********i 的大作中提到】
: 已有H1b的，如果不renew，会受影响吗？
|
P**********e
发帖数: 739 | |
r*x
发帖数: 411 | 8 10/07 Update: 新的wage level已更新
2020 - 2021 Wage Data Updated.
Wage data for October 8, 2020 - June 30, 2021 is now available.
The effective date is 10/8/2020.
https://www.flcdatacenter.com/OesWizardStart.aspx |
s********9
发帖数: 1 | 9 针对新的H1-B的政策，Twitter上已经有律师准备起诉了，有兴趣可以
看看然后填写问卷
https://twitter.com/gsiskind/status/1313930266306646022
【在 f*******n 的大作中提到】
: https://www.dhs.gov/news/2020/10/06/department-homeland-security-and-
: department-labor-rule-restores-integrity-h-1b-visa
: Today the U.S. Department of Homeland Security announced an interim final
: rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.
: S. workers, restores integrity to the H-1B program and better guarantees
: that H-1B petitions are approved only for qualified beneficiaries and
: petitioners.
: The H-1B program was intended to allow employers to fill gaps in their
: workforce and remain competitive in the global economy, however it has now
: expanded far beyond that, often to the detriment of U.S. workers. Data shows
|
c******h
发帖数: 4573 | 10 这个做H1b extension的能换code吗？公司给我申请的时候我估计瞎来随便搞了一个
catalog，现在pw吓死人。按照这个PW我只有L1.我实际title所在的pw，估计还能够得
上L3。
【在 r*x 的大作中提到】
: 10/07 Update: 新的wage level已更新
: 2020 - 2021 Wage Data Updated.
: Wage data for October 8, 2020 - June 30, 2021 is now available.
: The effective date is 10/8/2020.
: https://www.flcdatacenter.com/OesWizardStart.aspx
|
|
|
k***a
发帖数: 636 | 11 http://bit.ly/30KT3cv
wage level的解释。 感觉很多PhD的话是不是得用level 3或者4的number了？
【在 r*x 的大作中提到】
: 10/07 Update: 新的wage level已更新
: 2020 - 2021 Wage Data Updated.
: Wage data for October 8, 2020 - June 30, 2021 is now available.
: The effective date is 10/8/2020.
: https://www.flcdatacenter.com/OesWizardStart.aspx
|
y********u
发帖数: 11 | 12 University的教职工salary 咋算？ |
s**c
发帖数: 2881 | 13 这个PW门槛真是提高得太离谱的，原本够得上L3的，现在只够L1了，原本够得上L2的，
现在是上L1都不够了。经济这么糟糕，只听说这里那里倒闭裁员的，能涨薪的公司应该
不多吧？不知道会不会被起诉给拦下来？ |
r*x
发帖数: 411 | 14 12/01 Update: DHS和DOL的这两项政策被北加法院struck down
http://bit.ly/36qLuL6
The judge found that the admin hadn't sufficiently justified
its choice to skip procedural steps.
(出台政策前跳过public comment一般都会被challenge)
和以往法律攻防一样,不久USCIS/DOL应该会有通知出台，未来政府也还会
appeal |
x********v
发帖数: 20 | 15 所以如果最近申请工资标准还和以前一样吗？ 还是已经上调了？ |
l****i
发帖数: 74 | 16 我也很好奇地想知道
最近被通知H1B续不了了，因为修改后的工资标准太高了，现在只有苦等485 EAD，但是
又出奇的慢。。。发愁啊
【在 x********v 的大作中提到】
: 所以如果最近申请工资标准还和以前一样吗？ 还是已经上调了？
|
r*x
发帖数: 411 | 17 12/04 Update: DOL宣布取消新的(大幅上涨)的工资标准，将继续沿用旧有
的工资标准
DOL has announced that the H1B wages will be reverted back to
old levels on the official DOL site.
https://www.dol.gov/agencies/eta/foreign-labor
【在 l****i 的大作中提到】
: 我也很好奇地想知道
: 最近被通知H1B续不了了，因为修改后的工资标准太高了，现在只有苦等485 EAD，但是
: 又出奇的慢。。。发愁啊
|
l****i
发帖数: 74 | 18 如果是faculty，一般是按9个月算，也就是学校发给你的工资，不包含3个月暑假工资。
【在 y********u 的大作中提到】
: University的教职工salary 咋算？
|
l****i
发帖数: 74 | 19 非常感谢版主！ 太敬业了！！！
我今天也收到学校负责人邮件，说是工资标准又降了，可以继续申请H1B extension了。
这心情，每天都像过山车似的。。。
【在 r*x 的大作中提到】
: 12/04 Update: DOL宣布取消新的(大幅上涨)的工资标准，将继续沿用旧有
: 的工资标准
: DOL has announced that the H1B wages will be reverted back to
: old levels on the official DOL site.
: https://www.dol.gov/agencies/eta/foreign-labor
|
f*******n
发帖数: 12623 | |
