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The American Competitiveness and Workforce Improvement Act temporarily increased the annual caps for the H-1B status, since the cap was getting oversubscribed. Some interest groups, including some legislators, labor unions, and the White House, were concerned about the effects of these cap increases on native wages in the technology sector.
In 2017, the U.S. Congress considered more than doubling the minimum wage required for an H-1B holder from the $60,000 (USD) established in 1989 and unchanged since then. The High Skilled Integrity and Fairness Act, introduced by U.S. Rep. Zoe Lofgren of California, would raise H-1B holders' minimum salaries to $130,000. [102]
Cap-exempt organizations can petition for H-1Bs year-round, and they are not subject to a statutory limit. Under the new rule, nonprofit and governmental research organizations will be defined as ...
Prior to this Act, there were 195,000 slots available under the annual H-1B cap. Nonprofit research institutions were exempt from the cap, and people who had been counted towards the cap already (such as if they were transferring jobs or extending a 3-year H-1B by another 3 years) could apply without being counted against the cap as long as they weren't going over their 6-year limit.
As the annual H-1B lottery opens Wednesday, the program’s annual cap of 85,000 visas is once again under scrutiny, with some experts and business leaders calling it a threat to U.S. innovation.
No "benching" rule: Employers must pay H-1B nonimmigrants the required wage for the full hours specified on the H-1B visa petition even if the beneficiary is in nonproductive status due to a decision by the employer, or based on the nonimmigrant's lack of a permit of license, i.e., full-time employees must be paid full-time wages, and part-time ...
Looking ahead: The minimum wage rose to $13.50 last July, and for Portland workers, wages hit $14.75 in 2022; for rural workers, wages jumped $12.50. After that, increases will be tied to inflation.
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).