Modifications to H-1B visa registration finalized

Beginning in early March, potential wage levels will play a leading role in the selection process that determines H-1B visa recipients, worrying some that it may result in a decrease in the number of international students wanting to pursue their education in the U.S. The rule modifications, originally introduced in October 2020 and covered by SSTI here, state that the new procedure will focus on “selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment,” deviating from the current lottery-style system for H-1B selection.

This change in the visa selection process has raised concerns surrounding its impact on foreign students hoping to study in the United States. Colleges and universities worry that these modifications will make finding post-education employment an uncertainty for international students, making higher education within the United States a less attractive option.

The H-1B registration adjustments serve as the follow up to the Trump administration’s second extension of its work visa suspensions. Initially suspended in April 2020, the visa postponements had previously been extended in June. Following the June extension of the visa suspensions, Peter McPherson, the president of the Association of Public and Land-grant Universities, released a statement noting that “the nation relies on H-1B visas to draw the world’s foremost scholars and researchers to teach and make breakthrough innovations on our universities' campuses. These individuals strengthen our institutions, economy, and country.”

While a product of the current administration, the H-1B visa modifications are not set to take effect until March. The Federal Register publication for the H-1B visa registration changes may be found here.