November 2, 2020 Publication Powered By ABIL – Employment and HR – United States

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November 2, 2020 Newsletter Powered By ABIL - Employment and HR - United States



United States:

November 2, 2020 Publication Powered By ABIL


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Late November Visa Bulletin Preserves Ahead Motion
for Employment-Primarily based Immigrant Visa Numbers

The Division of State launched the November Visa Bulletin
about two weeks later than common, and U.S. Citizenship and
Immigration Companies (USCIS) is permitting candidates to make use of the
“Dates for Superior Submitting” chart (Chart B) for
November.

Chart B for November preserves the very substantial ahead
motion for all classes of employment-based immigrants that was
carried out in October. The dates for submitting in practically all
classes are equivalent between October and November, so certified
candidates ready for required proof can now submit
purposes any time earlier than November 30, 2020.

The November bulletin additionally notes that the Persevering with
Appropriations Act, 2021 (P.L. No. 116-159) extends each the
employment fourth choice non secular staff (SR) and employment
fifth choice pilot (I5 and R5) classes till December 11,
2020.

Particulars: November 2020 Visa Bulletin, https://journey.state.gov/content material/journey/en/authorized/visa-law0/visa-bulletin/2021/visa-bulletin-for-november-2020.html

DHS Proposed Rule Would Change Random H-1B
Registration Choice With Wage-Stage-Primarily based Choice
Course of

The Division of Homeland Safety (DHS) revealed a proposed
rule on November 2, 2020, that may prioritize the collection of
H-1B registrations (or petitions, if the registration course of is
suspended) based mostly on corresponding wage ranges. U.S. Citizenship and
Immigration Companies usually would first choose registrations
based mostly on the best Occupational Employment Statistics prevailing
wage stage that the proffered wage equals or exceeds for the
related Normal Occupational Classification code and space(s) of
meant employment.

Modifying the H-1B choice course of by changing the random
choice course of with a wage-level-based choice course of
“is a greater technique to allocate H-1Bs when demand exceeds
provide,” DHS mentioned. The company believes that such a brand new
choice course of “would incentivize employers to supply larger
wages or petition for positions requiring larger abilities and
higher-skilled staff as a substitute of utilizing this system to fill
comparatively lower-paid vacancies.”

The proposed rule can be carried out for each the H-1B
common cap and the H-1B superior diploma exemption, however wouldn’t
change the order of choice between the 2 as established by the
H-1B registration requirement last rule. The wage stage rating
would happen first for the common cap choice after which for the
superior diploma exemption.

Litigation is predicted. Feedback are due inside 30 days of
November 2, 2020, on the proposed rule, and inside 60 days on the
proposed data assortment.

The content material of this text is meant to offer a normal
information to the subject material. Specialist recommendation needs to be sought
about your particular circumstances.

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