Late November Visa Bulletin Preserves Forward Movement

for Employment-Based Immigrant Visa Numbers

The Department of State released the November Visa Bulletin

about two weeks later than usual, and U.S. Citizenship and

Immigration Services (USCIS) is allowing applicants to use the

“Dates for Advanced Filing” chart (Chart B) for


Chart B for November preserves the very substantial forward

movement for all categories of employment-based immigrants that was

implemented in October. The dates for filing in nearly all

categories are identical between October and November, so qualified

applicants waiting for required evidence can now submit

applications any time before November 30, 2020.

The November bulletin also notes that the Continuing

Appropriations Act, 2021 (P.L. No. 116-159) extends both the

employment fourth preference religious workers (SR) and employment

fifth preference pilot (I5 and R5) categories until December 11,


Details: November 2020 Visa Bulletin,

DHS Proposed Rule Would Replace Random H-1B

Registration Selection With Wage-Level-Based Selection


The Department of Homeland Security (DHS) published a proposed

rule on November 2, 2020, that would prioritize the selection of

H-1B registrations (or petitions, if the registration process is

suspended) based on corresponding wage levels. U.S. Citizenship and

Immigration Services generally would first select registrations

based on the highest Occupational Employment Statistics prevailing

wage level that the proffered wage equals or exceeds for the

relevant Standard Occupational Classification code and area(s) of

intended employment.

Modifying the H-1B selection process by replacing the random

selection process with a wage-level-based selection process

“is a better way to allocate H-1Bs when demand exceeds

supply,” DHS said. The agency believes that such a new

selection process “would incentivize employers to offer higher

wages or petition for positions requiring higher skills and

higher-skilled workers instead of using the program to fill

relatively lower-paid vacancies.”

The proposed rule would be implemented for both the H-1B

regular cap and the H-1B advanced degree exemption, but would not

change the order of selection between the two as established by the

H-1B registration requirement final rule. The wage level ranking

would occur first for the regular cap selection and then for the

advanced degree exemption.

Litigation is expected. Comments are due within 30 days of

November 2, 2020, on the proposed rule, and within 60 days on the

proposed information collection.

Details: DHS proposed rule,

OFLC Releases FAQs on DOL Prevailing Wage Interim

Final Rule

The Department of Labor's (DOL) Office of Foreign Labor

Certification (OFLC) released two rounds of frequently asked

questions (FAQs) addressing issues related to DOL's interim

final rule on prevailing wage calculations.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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