The word is out!  The United States experienced a record low in population growth over 2021 and the situation is dire.  The United States workforce needs more skilled foreign workers because there are simply not enough American workers to fill the jobs needed to support programs like social security.  Declining birth rates, higher mortality due to an aging population, and lower immigration were all existing factors compounded by the COVID-19 pandemic and 2022 needs to be the year to bounce back.

However, there are changes coming to H-1B and PERM programs that may be at odds with the urgent need to promote the immigration of skilled workers.

In January 2021, the Trump Administration issued a rule to replace the H-1B lottery system with a wage-based selection system.  This rule was supported by the Biden Administration, but vacated by a federal court in June of 2021 with the consent of the Department of Labor.  However, the agency plans to put forth a new prevailing wage rule to take effect on November 14, 2022 with changes based on feedback from this past spring.  This will raise the prevailing wage for both H-1B and employment-based visas, and make changes to the allocation of H-1B visas based on salary.

In addition to changes to the prevailing wage, we expect changes to the H-1B program with regards to the employer-employee relationship and with regards to visa status with change of worksite.

Over the past few years, immigration lawyers have been on the frontlines keeping USCIS adjudicating petitions legally and fighting back unreasonable and unlawful changes to work visa programs.  We have had significant victories and must build on this momentum to keep the work visa programs vital to the economic health of the United States – as well as human rights – moving in the right direction.

USCIS begins accepting H-1B registrations for FY 2023 on March 1, 2022.  That means it’s time to start preparing to file.  At CCI, we keep a sharp eye on USCIS approval trends and changes to adjudication policy.  We will continue to keep you informed on any changes as the registration date draws nearer, and are available 24/7/365 to review petitions, and offer guidance and feedback before you file.

For a free review of your case visit  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI  Sheila specializes in overturning RFEs and Denials for work visas.

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