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Biden Administration Sued Over Wage Level Final Rule

Five tech and medical nonprofits represented by the American Immigration Lawyers Association are suing the Biden Administration in an effort to block the wage level preference final rule from going into law December 31st, 2021.

The lawsuit filed in a Washington, DC US District Court stated:

“It will have a deleterious impact on small businesses, start-ups, non-profits, rurally located businesses and other industries that rely on foreign highly skilled workers, but who are not able to compensate workers at the highest level.”

The lawsuit also states that this final rule was reviewed and approved by Chad Wolf, who was the Acting Secretary of Homeland Security.  He did not have the legal and valid authority to review and approve this final rule because he was not properly appointed to his position of authority.

This rule was proposed by the Trump Administration on its way out to prioritize H-1B beneficiaries based on wage level.  This would effectively do away with the lottery system, which was designed to give equal footing to businesses and organizations large and small, rural and urban, in areas expensive and impoverished.  Many of these rural areas rely on foreign workers because they lack a pool of highly skilled workers to provide essential services to the community or cultivate sustainable economic development. 

Wage level preference would be based on the H-1B occupation in that geographic location.  However, when put into action this regulation gets murky in areas where economic opportunity and urban density is patchy and gives preference to large and wealthy businesses over small businesses and nonprofits across the board.

CCI TheDegreePeople.com will continue to track this lawsuit and advise accordingly.  However, we do anticipate wage level issues will be a common RFE this year in light of current controversy.  We are here to help you identify and fix the weaknesses in H-1B petitions before you file, and to help successfully answers RFEs.

For a free review of your H-1B case, visit www.ccifree.com.  We will respond in 4 hours or less.

The H1B Nicknamed the Genius Visa H1B Visa Program Keeps US STEM Industries from Collapse

can choose to pursue pathways to citizenship. About 70% of all H1B Visas go to workers in STEM (science, technology, engineering, and math) industries. Why is this? “Science is the engine of prosperity,” Dr. Kaku explains. “The United States has the worst educational system known to science.” Students in the United States are not graduating high school or even college with the math and science skills necessary to fill the growing number of high tech jobs in places like Silicon Valley. According to Dr. Kaku, Silicon Valley would not even exist without the H1B Visa program because people coming to the United States to work on these Visas fill the positions that create entire STEM industries. Wall Street Journal agrees that when it comes to the highest level jobs at the highest level technology companies, Americans simply are not qualified. H1B workers are needed to create jobs for US citizens in these same industries because high-level jobs are necessary to create lower-tiered jobs in the industry through which US citizens can develop expertise through industry experience. Without a doubt, the “genius visa” is the secret ingredient that keeps STEM industries in the United States from collapsing. While it may come as a surprise to some that Silicon Valleys are popping up in countries like China and India, it actually makes all the sense in the world because these are the countries that the top-level Silicon Valley engineers and developers are coming from. School systems in these countries cultivate strong scientific minds, and the United States attracts them with the H1B Visa program. STEM industries aren’t the only fields attracting foreign geniuses. Dr. Kaku reports that 50% of all PhD candidates in the United States are foreign born, building the backbone of graduate programs in the country. Without the H1B visa program, 50% of all PhD candidates in the United States simply would not exist. To qualify for H1B Visa status, a candidate must hold an advanced degree in a specialized field. That means having earned a bachelor’s degree or higher in a specialized field that matches their field of employ. While this sounds straightforward, variance of academic structures across borders muddles the value of any given degree. H1B Visa candidates are running into trouble getting their Visas approved because employers understand the value of their foreign education, but the USICS needs the value clearly articulated in terms of US educational standards. Candidates with three-year bachelor’s degrees in particular are running into trouble. When a candidate files his or her H1B Visa petition, an evaluation of their foreign degree must be included. “Credential evaluation is a highly specialized process,” explains International Education expert and credential evaluator Sheila Danzig. “When we evaluate foreign credentials for US equivalence, we have to take classroom contact hours, USCIS and other legal precedents, university admissions decisions, and documented investigations into foreign education equivalencies into account to clearly spell out the value of your education.” Dr. Kaku’s and the Wall Street Journal’s observations about the state of the US educational system are clearly reflected in the demographics of high-level tech jobs. All the same, the H1B Visa program requires candidates to prove their genius to their employers and graduate programs, as well as the bureaucracies that approve their visas. About the Author   Sheila Danzig Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com or call 800.771.4723.]]>

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