US Immigration News

What Changes Can Be Expected to the H-1B Visas?

2.25 minute read
"The H-1B Visa has been a hot topic for the last year as major political changes happened due to the federal election amid an ongoing pandemic. The H-1B Visas are the most popular type of nonimmigrant work visas that allow US employers to hire foreign workers in specialty occupations."
Written by My Visa Source Team
Published on:  Jul 1, 2021
blurred close up h1b visa my visa source
Begin your immigration journey now
Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out.
Free Assessment
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
Call Us Now
Recommended For You
Author info:

The H-1B Visa has been a hot topic for the last year as major political changes happened due to the federal election amid an ongoing pandemic. The H-1B Visas are the most popular type of nonimmigrant work visas that allow US employers to hire foreign workers in specialty occupations. 

As the pandemic continues to affect the US economy, the volatility of the situation means that there will be new challenges in the employment landscape. Therefore, understanding the latest developments in the H-1B visas will give us an insight into how the H-1B Visa process will be conducted next year.

How Did H-1B Visa Perform This Year in 2021?

The lottery application window that allows employers to submit H-1B petitions online recently ended on March 25, after a 16-day window. Employers with successful petitions will have 90 days following the notification of acceptance to file a formal H-1B petition. 

The number of H-1B Visas granted this year seems to have increased. However, if, as an employer, you registered for this lottery and have not received the results, then you can still hold out hope as the USCIS is expecting many allotted numbers going unused due to denials or for violation of the rule of registering only one employee per employer. 

Recently, the Trump administration’s ban on the H-1B and other nonimmigrant visas came to an end. Therefore, one can expect that further changes will be made to the process in the coming year.

What New Changes Can be Expected to the H-1B Visa Process?

It is expected that the wage threshold for the H-1B Visas will increase. The Department of Labor issued new rules on the prevailing wages by increasing the lowest eligible wage for the H-1B Visas from the 17th percentile to the 35th percentile of all wages in the industry. However, this rule was delayed until further notice. The US Citizenship and Immigration Service (USCIS) has also increased the requests for evidence for H-1B Visa applicants by 20% in 2019-20.

Due to the travel and border restrictions imposed to control the spread of the pandemic, new applicants have been discouraged from pursuing H-1B Visas. Increased processing times due to most US consulates and embassies being shut down or operating partially has also dampened the demand for this visa. National Interest Exemption (NEI) cases are also taking up to 60 days to process, while earlier, these cases were processed within 7-14 days.

The USCIS announced that it will reinstate its policy to give deference to its own prior decisions, meaning that renewals of approved H-1B Visas will be streamlined. Therefore, it can be expected that the policy landscape for H-1B Visas will be looking good, moving forward.

Questions About Immigration? My Visa Source Has Answers.
My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. Our legal solutions help individuals, families, businesses and investors from North America and around the globe.
Get The Personalized Help That You Need and Deserve!
Securing personalized legal help is quick and simple. Begin with our one-minute online immigration assessment form or call us toll-free at 1-888-509-1987. Book a personal consultation to speak with an award-winning immigration lawyer either in person, over the telephone, or through a video conference. We're open 6am-9pm PST & EST, 7 days a week and are ready for in person, phone, and video consultations.
US Flag
Latest Articles from Immigration Magazine