Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and the 2019 Global Law Experts Awards as California Law Firm of the Year for Entrepreneur Immigration Services. It connects people with the companies and opportunities that expand their lives.
More contributions from this contributor
- Dear Sophie, is it easier and faster to get an O-1A than an EB-1A?
- Dear Sophie, how can I qualify my employees after a judge pauses Trump's H-1B visa ban?
Here is another edition from Dear Sophie, the column of advice that answers questions about immigration at work in technology companies.
"Your questions are critical to disseminating knowledge that enables people around the world to rise above borders and realize their dreams," said Sophie Alcorn, an immigration attorney in Silicon Valley. "Whether you're in People Ops, a founder or looking for a job in Silicon Valley, I'd love to answer your questions in my next column."
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I read about the new H-1B Rules for Wage Levels and Defined What Kinds of Jobs Qualify that were posted this week. What do we have to do as an employer to meet the requirements? Are other types of visas affected?
– Break my brain in Richmond! 🤯
As you mentioned earlier, the Department of Labor (DOL) and the Department of Homeland Security (DHS) each issued a new transition rule this week that will affect the H-1B program. However, the DOL rule also affects other Visa and Green Cards. These provisional rules, one of which went into effect immediately after its publication, are an abuse of power.
The president continues to scare to generate voices through racism, protectionism and xenophobia. The fatal irony is that companies have actually already made "real deals" to "real employees" for jobs in the innovation economy that are not fungible and are actually the source of job creation for Americans. A 2019 report by the Economic Policy Institute found that for every 100 professional, scientific, and technical service jobs created in the U.S. private sector, 418 additional indirect jobs are created. Nearly 575 additional jobs are created for every 100 information jobs, and 206 additional jobs are created for every 100 health and social care jobs.
The DOL rule, which went into effect on October 8, 2020, increases the wages employers must pay to the workers they receive for H-1B, H-1B1 and E-3 Specialized Occupational Visas and H-2B Sponsor Visas for Temporary Non-Employment Visas, Major Farm Workers, EB-2 Green Cards for Advanced Students, EB-2 Green Cards for Exceptional Skills, and EB-3 Green Cards for Skilled Workers.
The new DHS rule, which further restricts the H-1B visas, will take effect on December 7, 2020. The DHS does not apply the new rule to pending or previously approved petitions. This means that your company should renew your employees' H-1B visas – if authorized – before this date.
The American Immigration Lawyers Association (AILA) has established a task force to review the rules and assist with litigation. While both the DOL and DHS rules are likely to be challenged, they are likely to stay in place for some time before litigation takes effect. They are actively looking for plaintiffs, including workers, employers and representatives of affiliate organizations, who will be affected by the new rules.